No, the performance obligation is “to play at a party (for one hour)”
Remember that case* where the mortgagor (or mortgagee or whatever–the lender) offered a deal to the borrower. And a couple days later the borrower cam by the lender’s place and tried to accept by tendering payment, but the lender wouldn’t open the door. And Cardozo was all like “Offer revoked! Obvs!”
That case was kind of retarded.
*Called Petterson v. Pattberg
Oh, what’s this I read?
“It is sufficient if that person has actual knowledge that the person who made the offer has done some act inconsistent with the continuance of the offer”
Yeah, I think turning off the lights and high-tailing it to cabo for a weekend getawa is an “act inconsistent”
I’m pretty sure you have to tell the offeree or his butler or something like that.
eh, that’s what quantum meruit is for or something.
How would your doctor ding your report? Unless they have your social security number. I always just give a fake one to my doctor. If any question came up I’d just say “Oh I copied it down wrong.”
I guess you could’ve established credit with the doctor’s office.
It’s very difficult to collect on any debt, even with a judgement it’s hard. So they bill you, so what? You probably can’t go back to that doctor.
Even with a contract, you are obligated to provide a service. You fee is for said service not for their time. The provider failed to give you service. There’s lot’s of arguments legal wise you could make.
The only thing that really could happen would be the doctor would refuse to see you again.
If somehow it got on my credit report, I’d dispute it constantly. If the person dinging your report can’t back it up, it’s removed.
I know when I needed to see a dentist and didn’t have insurance, it took me over two months to find one to give me credit, 'cause most of them refused to perform any service without cash in advance for the entire estimated charge.
I eventually found one that gave me credit.
Yeah, like when I sit there waiting, waiting, waiting, listening to my doctor talk to one drug rep after another? In the hallway, right outside my little treatment room?
Um. Sorry. As you were.
That’s one part of it. There are also patients who the doctor likes personally and figures “oh, a little chat with Mrs. Kefauver won’t throw me off schedule” and ten minutes later they’ve already eaten up 2/3rs of Mrs. Baxter’s scheduled appointment time and the day is behind by one patient already.
Also, you get Mrs. Chapman, who thought she had some arthritis, or maybe tennis elbow. And the doctor gets her in and starts examining her and has some concern and starts asking some more detailed questions and does some more basic in-office diagnostics and gets even more concerned and has to carefully tell Mrs. Chapman that he really wants her rather urgently to get an MRI because he’s seen these symptoms before and they have him somewhat alarmed and she gets scared and wants to know why and he has to calm her down and get the nurse to call the hospital for an emergency MRI right away because once he tells Mrs. Chapman what’s up she’s going to freak out and need to know right away that her tennis elbow? Actually is a brain full of cancerous lesions affecting her motor skills. And rather than 15 minutes, that takes nearly an hour, but it has to be done.
(Mrs. Chapman was my aunt.)
I believe it is more than sufficient.
You call the doctor’s office and request an appointment and the doctor’s office agrees to see you at a specific date and time. It seems pretty clear that a contract is made to which both parties agreed. You made the request and they accepted it reserving time for you. It seems pretty clear to me that you would be civilly liable if taken to court.
On the other hand the doctor is probably just going to tell you to go and find another doctor and stop wasting his time.
Civilly liable for what?
For the price of the service you requested. Obviously, I would think.
Can you answer this: this is my first time to this doctor. if i show up for the appointment and I don’t agree to one of his policies, and I don’t get seen by the doc, am i liable to him for payment? (edit: if he thus refuses to see me because i don’t abide by his policies) is he liable to me to be seen in accordance with our original “agreement/appointment”
i’ll assume your answer is no. what changes nature of this incident from one where there is no contract (the scenario where i don’t agree to his policies and no doctor’s visit occurs) to one where there is a contract (the scenario where i don’t show up)
what happens if i cancel the appointment? keep in mind, at this point, no policies regarding cancellation or fees have been discussed. if i am to be liable for missing the appointment, this presumes some sort of executed contract as of the time of the making of the appointment. if i call and cancel (i.e. i do not show up) have I breached the contract? if the doctor calls and cancels (he’d rather be golfing) has he? assume that even if either of us mitigate our damages (by my making an appointment to see another doc, or him finding another patient) there are still damages nonetheless.
basically, how sure are you that a contract is formed when i make an appointment (not agreeing to any of their policies).
s there no contract for services created when I make an appointment with the Home Depot kitchen consultant, or the hair cutter, or at a restaurant? or is there?
The courts, besides the law, which is pretty deatiled already, have some common sense.
If a doctor tries to charge you an unreasonable amount without warning then you have reason to complain but you have no reason to complain if he charges you a reasonable and customary amount.
Similarly, if you refuse a customary and usual requirement then the court would consider you in breach. But if you refuse an unusual and unnecessary requirement then the court might rule in your favor. It seems to me this is just common sense.
Out of curiosity, did you pay the dentist?
They have the same right to charge you for their wasted time as you have to charge them for a delay. That is - there’s no contractual liability on either part, but it may be reasonable.
If they push it, contesting it will usually deal with the situation; unless you have agreed in advance that a missed appointment will result in a fine or somesuch, it won’t stand up in any suit.
You would probably lose the services of that doctor/dentist, though.
Most of the time, when you make an appointment, they advise you of the late cancellation/non-show penalty. In that case, you’ve agreed to it, which is why they usually do it. If you don’t agree to it, that’s the time when you should say so, not after the event.
These days, I think some doctors put language in their little sign up documents stating that a patient is responsible for missed appointments. However, if that’s the case, I have no problem with people suing for lost time in a badly scheduled waiting room. I read a thing years ago about a highly-paid lawyer or somesuch that took the doctor to court, and won!
I don’t think they cared. It was the only ding in a lifetime of credit history–they didn’t even know about it until they it came up in a mortgage application, and the loan officer accepted the story–he didn’t really care about $200 either.
I’m in Canada and most doctor’s offices have a “24-hours notice” cancellation policy. Our health care is paid for by the government. Missed appointments are not. And they remind you over and over and over again about the fee, including when they call to reconfirm your appointment the day before.
But geez, I’ve never, ever in my life waited 2 1/2 hours in a doctor’s waiting room either in Canada or the U.S. The longest wait ever was at a hospital emergency room when my then-girlfriend broke her arm. I think we waited just over an hour, but even then it was because an electrocuted construction worker had come in by ambulance just ahead of us (his shoes were smoldering!).