Breach of Contract
A contract consists of a voluntary agreement that two parties enter into with the intent of benefitting each other (Fremgen, 2012). Something of value, which is termed consideration, is part of the agreement (Fremgen, 2012). A contract can be either expressed or implied. An express contract is an agreement that clearly states all the terms. It can be entered into orally or in writing (Fremgen, 2012).
A breach of contract occurs when either party fails to comply with the terms of the agreement (Fremgen, 2012). For example, if a physician refuses to perform a medical procedure he or she had agreed to perform, the physician has breached the contract (Fremgen, 2012). If a patient does not pay an agreed-upon fee, then the patient breached the contract with the physician (Fremgen, 2012).
Now, respond to the following questions:
Find out your state's current court decisions for breach of contract and provide an example of breach of contract affecting a hospital.
Review and describe the state's methodology for addressing issues pertaining to such a breach of contract.
Describe how legal procedures have evolved over time to help reduce such occurrences.
Describe how the breach of contract you identified could have been avoided.