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Given Below is a Statement of Legal Principle Followed by a Factual Situation. Apply the Principle to the Facts and Select the Most Appropriate Answer. Principle: an Agreement Becomes a Contract -

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Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.

Principle: An agreement becomes a contract when it is entered into between two or more people with each other's free consent. Two or more people are said to consent when they agree to the same thing in the same sense. Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake.

Factual Situation: A went to a doctor to get himself treated. The doctor asked him to sign a "consent form" and said that unless he signs it, he will not examine him. A signed the form waiving his right to sue the doctor.

Options

  • This is a valid contract since A understood and consented to the terms

  • This is not a valid contract since A had no other option,  but to sign

  • This is a valid contract since it is a doctor-patient relationship

  • None of the above

MCQ

Solution

This is a valid contract since A understood and consented to the terms

Explanation:

In this case, no force or compulsion was used. The doctor only provided the consent form. So it is a valid contract. Therefore option "This is a valid contract since A understood and consented to the terms" is correct.

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Contract Law
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