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Cotnam v. Wisdom

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Bloomberg Law

Citation. 83 Ark. 601, 104 S.W. 164, 1907 Ark. 117

Brief Fact Summary. Harrison, deceased is represented by the Appellant who inherited intestate. Harrison was thrown from a street car. Appellees, surgeons, performed a difficult operation in an attempt to save his life but failed.

Synopsis of Rule of Law. A quasi-contract or implied contract is a legal fiction where although there is no promise or contract in fact, one will be implied by the law to remedy unjust enrichment.


Facts. Appellant representing estate argued that the deceased, Mr. Harrison, could not give consent expressly or impliedly to the surgery since he was rendered unconscious and should not by contract have to pay for the surgery.

Issue. Whether surgeons are entitled to recover cost of difficult operation performed in an effort to save the life of Mr. Harrison under a quasi-contract or implied contract theory.
Whether it was error to admit evidence of the ability to pay for the surgery provided relying on law that contemplated means to pay as evidence of the price contemplated for the contract.

Content Type: Brief


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