Asked by
Raeessah Auhammad
on Nov 10, 2024
Verified
Rick has just been told that he will have to undergo a second operation because the results of his first operation were not as expected. In the first operation, a small device was inserted near his damaged knee to stimulate bone growth with electrical impulses. The device was not working. The operation was performed by Dr. Jones, who is employed by St. Everybody's hospital. There is evidence that the device itself is faulty. The hospital had purchased the device from Medisci Ltd., which had purchased it directly from the manufacturer, Electrobo Ltd. The operation is not covered by any medical plan, and it will cost Rick $5000. Rick is very upset and wants to sue for damages. Which of the following is correct with respect to who Rick could sue and why?
A) Rick can successfully sue the doctor for negligence.
B) Rick can sue Medisci Ltd. for breach of contract.
C) Rick can sue Electrobo for both negligence and breach of contract.
D) Rick can sue Electrobo for negligence.
E) Rick can't sue anyone. There are no guaranties in surgery.
Faulty Device
An apparatus or piece of equipment that has a defect or a malfunction.
Negligence
A legal concept indicating failure to exercise the level of care that a reasonable person would in similar circumstances, leading to unintended harm to others.
Breach of Contract
Occurs when one party fails to fulfill their obligations under a contract.
- Determine the legal duties and privileges of entities involved in purchase agreements, including purchasers, sellers, makers, and agents.
- Comprehend the juridical repercussions of flawed goods and the routes for restitution accessible to both individuals and enterprises.
Verified Answer
GT
Learning Objectives
- Determine the legal duties and privileges of entities involved in purchase agreements, including purchasers, sellers, makers, and agents.
- Comprehend the juridical repercussions of flawed goods and the routes for restitution accessible to both individuals and enterprises.