CONTRACTS

Chapter 7

Contract
Meeting of minds bet. 2 persons where 1 binds himself, with respect to the other, to give something or to render some service Promise which the law recognizes as a duty Nurse: agreement to be paid a certain amount of money and be provided certain benefits in exchange of services

Kinds of Contracts
Formal Contract
Required to be in writing Marriage contract, mortgage, deeds of sale, work contract

Informal Contract
Law does not require it to be in writing Oral and spoken discussion between parties

Express Contract
Very specific Opposite of Implied contract

Mortgage???
A mortgage is the transfer of an interest in property (or the equivalent in law - a charge) to a lender as a security for a debt - usually a loan of money. While a mortgage in itself is not a debt, it is the lender's security for a debt. In other words, the mortgage is a security for the loan that the lender makes to the borrower.

 Implied Contract
Agreemeet inferred from an employer's policy or training manual, or other official document. If, for example, a contract of employment agreement does not specify the conditions under which employment may be terminated, it may be inferred that the employee has a lifetimeright to work, so long as he or she performs reasonably well. Kung hindi naka-specify sa contract, hindi kasama/saklaw ng contract. To nurses: clarify your contracts!

 Void Contract
Inexistent from the very beginning May not be enforced

Illegal Contract
Prohibited by law

Requisites of a Contract
2 or more persons must participate Consent to the contract SPECIFY the contents of the contract Express the TIME, PRICE and SUBJECT MATTER of contract Parties must have the legal capacities:
Legal age Sound mind Not be under the influence of intoxicating drugs, or fear of bodily harm Not mentally competent

Other Matters
Married females may engage in a contract except if it is specified that it should include their husbands Married female nurses need consent from their husbands if they need to work abroad Persons under 18 may not engage in contracts w/o parents consent however, if the minor is already emancipated, he can enter into contracts already. To Nurses: Clarify the provisions of your contract!

Emancipation???
Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. may be emancipated in some manner: through marriage, economic self-sufficiency, educational degree or diploma, military service, or obtaining medical conditions in a form of diseases such as AIDS, HPV, or other STDs Differs per country

Inexistent Contracts void from the beginning

Whose cause and purpose are contrary to law, morals, public order Whose cause did not exist from the time of transaction Whose object is outside the commerce of man Impossible service Expressly prohibited by law Stimulated or fictitious

Voidable Contracts
Wherein 1 party in incapable of giving a consent Whose consent is vitiated by mistake, violence, intimidation, undue influence or fraud

Illegal Contracts
Use of fraud Undue influence Coercion (duress) Prohibited by law

Breach of Contract - failure to perform an agreement

Prevention of performance Failure to perform because of inconvenience or difficulty Failure of cooperation in performance Abandonment of duty
Leaving patients Going off-duty without endorsement Loafing while on duty
people making less effort to achieve a goal when they work in a group

Substitution of performance Failure to use due care

Legal excuses in refusing, neglecting or not performing a contract

Discovery of misrepresentation Performance will be illegal Performance is made impossible by reason of illness Performance is made impossible by death of patient or nurse Contract is insufficient

Advantages of Written Contracts

It is certain. Avoids human memory error. Can specify a definite time which can be beneficial for both sides to limit the binding time of the contract. Sets a standard; relieves a professional from haggling over salary Protection against discrimination in compensation Definite on hours of work, allowances, privileges, health and insurance provisions Can provide a definite procedure in case of complaints Security for the employee
peace of mind