Dr. Brain agrees to provide psychotherapy sessions to a 21 year old patient based on an oral promise by her parents that they will pay for the sessions. The doctor sends the patient’s parents a bill, and receives a letter back saying they will not pay for these services. What kind of action can the doctor bring, and against whom? Discuss fully.
What will be an ideal response?
Dr. Brain may bring an action for breach of contract against the client for payment of the bill for services rendered. A breach of contract action against the parents would probably not be successful, because the Statute of Fraud requires that contracts to pay the debt of another must be in writing and signed by the party to be charged. The parents are not otherwise obligated to pay the debt of an adult child for medical services rendered. Dr. Brain may seek an equitable remedy in quasi-contract or seeking that the court estop the parents from using the Statute of Frauds as a defense.
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