Business Law and Contracts

Administrative agencies have the authority to:

make rules, investigate matters, enforce their rules

Under administrative law, what type of function is making rules

legislative function

under administrative law, what type of function is investigate matters

executive function

under administrative law, what type of function is enforcing rules?

judicial function

what law promotes competition among businesses

antitrust law

what are three examples of an antitrust law

sherman act, clayton act, federal trade commission act

t/f: historically, advertising was "taboo" for doctors and lawyers

true

what amendment does advertising fall under

the first amendment

advertising is "commercial speech" which means

it is actively trying to make money off of the consumer

what does caveat emptor mean

"let the buyer beware

what is this an example of:

every healthcare professional, whether employed by an organization or self-employed, should form some type of relationship with an attorney

attorney client relations

witnesses are questioned by attorneys under oath in a pre-trial procedure

depositions

what is the purpose of depositions

to discover information. before a trial

with depositions, should you ever guess?

no. you should never guess

interference with a contractual relationship, interference with a prospective business relationship, and business disparagement are all examples of

business torts

which type of business tort tries to persuade a person or business to breach a contract

interference with a contractual relationship

which type of business tort intentionally damages a potential business relationship

interference wiht a prospective business relationship

which type of business tort is the communication of false information causing the victim's business reputation to be damaged

business disparagement

a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty

contract

what are the three elements of a contract

offer, acceptance, and consideration

what part of a contract is an inducement that causes a person to be legally bound

consideration

what are the two ways in which contracts formed

express and implied

which kind of contract is formed by language, oral, or written

express contract

which kind of contract is formed by a show of assent in ways other than language, i.e., by conduct

implied contract

which kind of contract has no written contract; every interaction between a healthcare professional and a patient involves at least this contract

implied contract

what are the two ways contracts are accepted

bilateral and unilateral

which acceptance of contracts is when two or more parties make an agreement and are bound to act in some way

bilateral acceptance

which acceptance of contracts is when one party can consummate a binding agreement by some action

unilateral acceptance

which form of contract acceptance is most popular

bilateral contract acceptance

what are some contractual obligations of a health care provider

to use sound professional judgement, to maintain a professional relationship, to maintain confidentiality

what are some contractual obligations of patients

to pay for services, and to cooperate with the health care professional

t/f: all business contracts should be in writing

true

what occurs when the promisor does not perform the duty agreed upon in the contract

breach of contract

what are the three kinds of contract damages

restitutiond amages, reliance damages, and expectancy damages

which kind of contract damage is monetary recovery adequate to return the aggrieved party to status quo

restitution damages

which kind of contract damage is monetary recovery to compensate for the breach

reliance damages

which kind of contract damage includes direct and indirect damages including pain and suffering

expectancy damages