Problem:
On Monday morning when you enter your law office, you find Dr.Ben Heartache, the fastest scalpel in the West, waiting. He needslegal advice.
Two weeks earlier, Dr. Heartache explained, he emerged from theoperating room after completing an exhausting three hour operation.He was immediately asked to go to the emergency room in order toassist with a diagnosis regarding an accident case. When the doctorarrived in the emergency room, he found an unconscious ProfessorSmith being attended to by his son, David
David was so upset it was difficult for the doctor to find outexactly what had taken place. Apparently, the professor and his sonwere out for a Sunday drive when his car was hit by a large truck.The doctor immediately concluded that the professor neededemergency brain surgery, and advised David that a request hadalready been made for a prominent brain surgeon from the StateUniversity to come and operate on his father. Unfortunately, theuniversity medical facility was located 78 miles away, and theprofessor's condition was such that he might die before the
surgeon arrived.
David pleaded with Dr. Heartache. \"I know you're exhausted, butI'm begging you. I'll give you $45,000 if you will operate on myfather. Please, please, operate!\" The doctor, moved by David'splea, decided to operate. Fighting back fatigue, Dr. Heartacheperformed valiantly. I certainly earned that fee, the doctor saidto himself, as he emerged from the operating room.
The doctor truly put everything he had into the operation, butthe injury was too great, and the professor died a few hours afterthe operation. When David learned what had happened, hefainted.
Two days later, Dr. Heartache received an angry letter fromDavid. \"Your incompetence was responsible for my father's death,\"he wrote. \"Obviously, I'm not paying you a red cent.
Try and collect, and I'll make your life a living hell!\"
Dr. Heartache feels that a valid contract entitling him to$45,000 was entered into by both parties. He feels that he hasearned the fee, and would like to collect. How would you advise thedoctor?
