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"Stomach Pains"

Scenario: A patient went to his doctor complaining of stomach pains. The doctor diagnosed the patient with a bleeding ulcer, recommending certain procedures and "promising to cure" it. However, ultimately the treatment(s) were unsuccessful. The patient sued the doctor for breach of contract.

  • Was a contract created in this case-were all of the elements of a contract satisfied? Explain your answer.
  • If there was a contract, what type of contract was it and why?
  • Did the doctor breach a contract with the patient?

See, Guilmet v. Campbell, 188 N.W.2d 601 (1971).

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