Author Question: An agency through operation of law is established: a. by a written contractual agreement of the ... (Read 76 times)

ec501234

  • Hero Member
  • *****
  • Posts: 573
An agency through operation of law is established:
 a. by a written contractual agreement of the parties
  b. by ratification of the agent's activities by the principal c. by the application of the doctrine of estoppel
  d. when the legislature authorizes an agency e. none of the other choices

Question 2

Recovery for Services Rendered. Garris Briggs died on October 11, 1990, leaving 782 in unpaid medical bills. Following his death, insurance checks in the amount of 676.72, payable to Briggs, were sent to his widow, Beatrice Briggs. The Briggses had been living apart for the previous five years and during that time had not had any financial connections. Under state law, a surviving spouse, upon the execution of an affidavit before the appropriate county official, was entitled to all of the estate's assets without administration, and the assets of the estate up to 5,000 were free from all debts of the decedent (the one who died). Garris Briggs's estate was worth less than 5,000, so Beatrice Briggs signed the necessary affidavit, cashed the checks, and deposited the funds. The physicians who had provided medical services for Garris Briggs sued the widow to recover the insurance proceeds. The widow claimed that because she had not lived with her husband for five years, she should not be liable for his debts. Should the physicians be allowed to recover the insurance proceeds from Beatrice Briggs? Discuss fully.



livaneabi

  • Sr. Member
  • ****
  • Posts: 328
Answer to Question 1

e

Answer to Question 2

Recovery for services rendered
The Superior Court of New Jersey held that to allow the widow to keep the funds, which were intended to cover the husband's medical expenses, would constitute unjust enrichment. The court first expressed its view that the state legislature, when drafting the law exempting the first 5,000 of a decedent's estate from the satisfaction of the decedent's debts, did not intend insurance proceeds paid with a specific purpose in mind to be included as assets of the estate. Because the insurance proceeds were issued as a direct result of the services provided to Griggs by the physicians, the court held that it is only just and fair that they be used for their intended purpose; that result is mandated by good conscience and fairness. The court pointed out that the doctrine of unjust enrichment, on which quasi-contractual obligations are frequently based, rests on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another. In this case, the judge concluded that it was disingenuous for defendant to have claimed that she is not liable because the marriage was not viable, and at the same time claim to be entitled to the proceeds of the insurance because she was the widow in fact of decedent. It is certain to me that she should have used these funds for the purpose for which they were issued. Otherwise, she will have been unjustly enriched, at the expense of plaintiffs, by an interpretation of a statute that I find the legislature did not contemplate.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

ACTH levels are normally highest in the early morning (between 6 and 8 A.M.) and lowest in the evening (between 6 and 11 P.M.). Therefore, a doctor who suspects abnormal levels looks for low ACTH in the morning and high ACTH in the evening.

Did you know?

The first documented use of surgical anesthesia in the United States was in Connecticut in 1844.

Did you know?

Bacteria have flourished on the earth for over three billion years. They were the first life forms on the planet.

Did you know?

A serious new warning has been established for pregnant women against taking ACE inhibitors during pregnancy. In the study, the risk of major birth defects in children whose mothers took ACE inhibitors during the first trimester was nearly three times higher than in children whose mothers didn't take ACE inhibitors. Physicians can prescribe alternative medications for pregnant women who have symptoms of high blood pressure.

Did you know?

Hyperthyroidism leads to an increased rate of metabolism and affects about 1% of women but only 0.1% of men. For most people, this increased metabolic rate causes the thyroid gland to become enlarged (known as a goiter).

For a complete list of videos, visit our video library