The famous heart surgeon Dr. Ardmeyer entered into an agreement with Brenda Thrope to do heart surgery on Brenda immediately after her University final examination. Unfortunately, the time of the operation conflicted with Dr. Ardmeyer' s bowling tournament, and the doctor assigned the operation to Muckinfuss, a licensed doctor and recent graduate of an unaccredited medical school, Cashcow University of the Somewhat Offshore Islands. Brenda, under anesthesia, was unaware of the switch in surgeons. The surgery was successful and Brenda has completely recovered. Brenda has decided not to pay. No contract terms covered any transfer of responsibility for the surgery.
A)The operation was successfully performed, so Brenda has to pay.
B)Any task under a contract may be assigned as long as the assignor has confidence in the assignee.
C)Dr. Ardmeyer had the right to delegate the physical aspects of the operation to any other licensed doctor.
D)Dr. Ardmeyer had contracted to perform a unique individualized service for Brenda, and because of this, Brenda is not obligated to accept, or pay for services rendered by any other person.

Question

The famous heart surgeon Dr. Ardmeyer entered into an agreement with Brenda Thrope to do heart surgery on Brenda immediately after her University final examination. Unfortunately, the time of the operation conflicted with Dr. Ardmeyer' s bowling tournament, and the doctor assigned the operation to Muckinfuss, a licensed doctor and recent graduate of an unaccredited medical school, Cashcow University of the Somewhat Offshore Islands. Brenda, under anesthesia, was unaware of the switch in surgeons. The surgery was successful and Brenda has completely recovered. Brenda has decided not to pay. No contract terms covered any transfer of responsibility for the surgery.
A)The operation was successfully performed, so Brenda has to pay.
B)Any task under a contract may be assigned as long as the assignor has confidence in the assignee.
C)Dr. Ardmeyer had the right to delegate the physical aspects of the operation to any other licensed doctor.
D)Dr. Ardmeyer had contracted to perform a unique individualized service for Brenda, and because of this, Brenda is not obligated to accept, or pay for services rendered by any other person.

Quizplus · Accepted Answer

Dr. Ardmeyer's agreement with Brenda was for a highly specialized, personal service that relies on the specific skills and reputation of Dr. Ardmeyer himself. Such services are considered non-delegable, meaning Dr. Ardmeyer could not simply assign the surgery to another doctor without Brenda's consent, especially without any contract terms allowing for such a transfer. Therefore, Brenda is not obligated to pay for the surgery performed by another doctor.

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