- 04/25/2019 at 1:55 pm #616973EduGorillaKeymasterSelect Question Language :
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: Breach of contracts which impose such kind of duty that exists independently of the contract, amount also to a tort.
Facts: Rajesh’s 20-year-old son Khaider was diagnosed with a cancerous cell in his brain. The doctors suggested immediate surgical intervention. Rajesh, who was a doting father, was devastated by this news. His friends in bollywood industry suggested him to get Khaider’s treatment from Dr. Samuel, who was one of the best surgeons of Mumbai Hospital. Rajesh employed Dr. Samuel to attend to his son. During the course of operation, Khaider was injured by the unskillful treatment given by Dr. Samuel. Rajesh sued Dr. Samuel for breach of contract.
Decide for Rajesh.
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- Rajesh can sue Dr. Samuel for the breach of contract entered into between them as Dr. Samuel voluntarily entered into a contract for due performance thereof.
- Rajesh can sue both, Dr. Samuel and his friends who suggested the name of Dr. Samuel to him.
- Khaider can sue Dr. Samuel in tort for his unskillfulness because as a doctor, he had a duty towards his patient and he failed to exercise the skill normally expected from him.
- Khaider cannot sue Dr. Samuel because of the fiduciary relationship between them.
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