But even in such cases the burden upon the person performing the services show that they were necessary, best essay writing and his duty know, or learn, the true legal status the patient, and the true legal relations the patient the person other than the buy your thesis patient froin whom payment be claimed.
It has been a much disputed question whether after the father's death the mother becomes responsible for necessaries furnished for her minor children. The theory law upon which a father made liable proceeds upon the ground that bound to support the child and has a right the child's services during its minority. It has been held that the mother after the death the father entitled those services. Persons unsound mind are liable for necessaries furnished for their benefit, and can made pay therefor at reasonable and proper rates, but they cannot make contracts for a specific rate.
It always a question fact as what sum should charged against their estates, if they have any. Master Not Liable for Services Rendered Servant ivithout Special Contract. In the case master and servant, while at common law as between a master and servant the master was bound provide medicine and cheap assignment writing services write my dissertation food for the servant when the servant was an inmate the master's house, this an obligation which a third person could not enforce, and the master can only held liable for services rendered the servant, upon proof a specific contract with him pay for them. Case Grain Baudouin Considered. The case Grain V.
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Baudouin, supra, affox-ds an interesting discussion before the highest court New York State, as the question as how far a father calling a physician for an adult child for whom not bound provide, although lying sick at the father's house, can be held liable for the services rendered upon such call.
In that case the plaintiff attended as a physician upon the daughter the defendant, who was sick at his house.
The daughter was full age, married and living with her husband, but was brought from that of her husband that her father in order that she might under the care her mother. Defendant was present when plaintiff made his calls, gave the latter a history the patient's illness, and received directions as her treatment.
He told others the frequency and length the plaintiff's visits, and his opinion the case, without any disclaimer liabilit The Court held, however, that these facts were insufficient imply a promise the father's part pay for the services, and that the additional facts that the defendant consented to the calling in a consulting physician, and that a bill was sent in by the plaintiff, unless acknowledged and acquiesced in defendant, or that had before this employed other physicians, were also insufficient raise an implication law such a promise pay.
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The plaintilf relied in his argument upon the fact that the patient was a daughter of the defendant, but the Coui held that any presumption which might arise from this had the daughter been under age, was overcome the fact that she was past a majority, and was married and lived with her husband and children.
The essay writing services for cheap plaintiff also relied support his cause action upon the interest exhibited the defendant in the course of treatment pursued, and the other facts as the presence the defendant when the plaintiff made his professional calls alone and in consultation his receiving du'ections as treatment his recognition to others the fact that the plaintiff was in attendance his reciting to others a knowledge the frequency and length the visits plaintiff without any disclaimer the part the defendant liability. The Court said as these facts It true that particular acts will sometimes give rise particular obligations, duties and liabilities. But the party whose acts are thus affect him must in such predicament as that those acts have, legal necessity, a significance attached to them, at the time, which may not afterward repel.. It has been held that a special request a father a physician attend upon his son, then full buy term paper age but lying sick at the father's house, raised no implied choosing a thesis topic promise the part the father pay for the services rendered. Still personal statement writers less where there has been no special request the father the physician, and no more than acquiescence in his calls. As it would unnatural for the parent an invalid child, though legally emancipated, or for an intimate and confidential friend hers, not to know the rise and course her malady, not interested in the state as disclosed at any time skilled inspection, not anxious as in waiting when scientific skill was applied for rutgers essay help its cure, not ready receive directions for treatment in the intervals not implied in the one case more than in the other that, from these manifestations, because unaccompanied with an express repudiation liability, a liability may implied. They are to referred natural affection and friendly sympathj, rather than an acquiescence in the rendition a personal benefit, or counted as acts done under a sense legal obligation. The Court further said that even if should assumed that the usage exists that the physician called consult with him who in attendance, with the consent of the person who has employed the latter, in contemplation law in the hire that person, still the assent the defendant the calling in the consulting physician, and his expression desire present when came until shown have employed the plaintiff a basis too weak for an implication law, that promised pay his consultation fees. Still less a fact from which imply a promise to pay the plaintiff.