Tracy took her English bulldog to Dr.Brown, a veterinarian, for surgery.When Tracy visited her dog at the veterinary hospital the evening following the surgery, the animal appeared groggy and was panting heavily.Tracy requested that the dog be monitored all night and was assured that this would be done.The dog died the next morning.Tracy filed suit claiming that she had entrusted her dog to Dr.Brown for surgical treatment on the basis of Brown's assurances that the appropriate surgery would be properly performed and the dog returned to her in a healthy condition.Tracy demanded damages in the amount of $1,200, the fair market value of the animal.What is the legal theory of recovery being asserted by Tracy?

Question

Quizplus · Accepted Answer

Tracy is asserting a breach of contract theory, specifically a bailment contract. A bailment occurs when one person (the bailor) entrusts personal property to another person (the bailee) for a specific purpose. Here, Tracy entrusted her dog to Dr.Brown for a surgical procedure, which constitutes a bailment contract. Tracy is claiming that Dr.Brown breached this contract by failing to properly care for the dog post-surgery, resulting in the animal's death. As a result, Tracy is seeking damages for the fair market value of the dog.

Tracy Took Her English Bulldog to Dr