IN. 1. Donna needs to have her tonsils removed, and she consults Dr. Stagolf, who offers to perform the surgery for $3000. Donna says she has no insurance and will not pary more than $1500 for the operation. Dr. Shrooff beleves that the new state health plan will reimburse him for the difference between his normal fee and the amount Donna will pay, so he enters into a written contract with Doena to perform the tonsllectomy for $1500. After the surgeng, Donna only pays the doctor $1250 because she says that, while negotiating the surgery price, Dr. Srod had also agreed to remove a farge, unattractive mole from her nose. Also, Dr. Slgcolf discovers that the state health will not pay anything towards the operation. Dr. Slycolf sues Donna for $250 to try to collect the full amount agreed to in the written coetract.
Did the statute of frauds require that the contract Donna and the doctor be written to be enforceable? Explain your answer.
Will Donna be able to argue in court that the doctor had ageed to remove the mole from her nose as part of their coetract? Explain your answer.
If before performine the oceration Dr. Shock had discovered that he would not be reimbursed by the state health plan, could he have asserted the defense of mestake and had the contract rescinded? Explain your answer.
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