shepdawg wrote:Please cite a contract not based upon a promise.
I did above. Any contract implied in law. See Nursing Care Services, Inc. v. Dobos, 380 So. 2d 516 (Fla. Dist. Ct. App. 1980) (Or at least, that is what my contracts textbook thought you should see)
This is how I see it. An implied in law K is a "quasi contract," where a "recipient of services knows the services are being rendered with an expectation of compensation, and by a word could prevent the mistake, he is held to acceptance if he doesn't speak. R2d §69. In these cases the "promise" is proffered by the laborer.
Here are some of my own examples. Editors of Glannon's
may use them if I am given credit.
Example 1: D is in line at a traffic stop and sees a bum ask the car in front of him if he'd like his windows washed, the driver says "yes" and gives the bum money after the service is complete. The bum then comes to D's car looks at him with his head nodded forward at an angle and one eyebrow raised. D sits in his car as the bum washes the window. Here, the promise was to provide window washing in return for money. Everyone knows that you yell at bums once they start washing your window if you don't want to pay them. Because D let the bum wash his window, the bum is entitled to quantum meriut.
Example 2: D sees his neighbors lawn looks immaculate and asks him who his gardener is. The neighbor says his gardener is Paul and he only charges $15 a week. Neighbor then says he'll send P over to D's house. The next day D sees P mowing his lawn while he is enjoying his coffee. He doesn't say a thing to P. In fact, he lets P mow his law every week for 2 months. Again, the promise was made by P to mow D's lawn for money. D accepted by allowing P to complete the services, and owes P quantum meriut
The case you cited is a great example. Hospital promised D to render services and D who was "mentally alert during her at-home recuperation period" accepted the services by not telling the nurses to stop caring for her. No expects a health care provider to go uncompensated, so D knew P would be expecting payment. If she was not on welfare, she'd have to pay.