the contract is enforcable by the patient only
enforcable by the dentist only
enforcable by the either party
or none of these options are possible
2007-04-10 16:04:27 · 6 answers · asked by Jon B 1 in Politics & Government ➔ Law & Ethics
None of your options are viable. You should always hire a lawyer when you get involved in a situation like this, and you have money out on it too. If you're not out any money, there's little you can do. Anyway, here's the best way to explain it.
A contract is "void ab initio" if the dentist is not licensed. Since a dentist cannot perform dental work without a license it follows that he cannot enforce any contract to do the work against you. Likewise, you can't force the dentist to do the work on you either.
Since dentistry is a personal services contract, the contract is not enforceable.
However, if the dentist took your money, he can be ordered to pay the money back under a theory of unjust enrichment (in equity) which is not a viable claim, if you knew he was unlicensed when you gave him the money (the defense is unclean hands) or by money had and received. That is enforceable and not generally subject to the unclean hands doctrine, if of course you knew the dentist was unlicensed. If you found out that he was unlicensed after entering into your agreement and paying money, you might nail him for fraud.
Otherwise, your contract is not binding.
2007-04-10 16:33:46 · answer #1 · answered by krollohare2 7 · 0⤊ 0⤋
Oh definite u can. Ive had 2 root canals. I also artwork in a dental workplace. in basic terms because you haven't got any discomfort doesnt mean some thing. truly because you haven't got any discomfort u could flow and get it performed asap. in case you wait until eventually discomfort which will frequently mean it grew to develop into absessed. it really is once you dont want to get a root canal reason teeth has develop into contaminated and then you're gonna ought to flow and get a prescription for antibiotics and then look ahead to the an infection to flow away, and then flow and get the muse canal performed. so that you ought to definantly get it performed. keep your self time and discomfort.because root canal discomfort is terrible.
2016-12-03 19:58:30 · answer #2 · answered by rosenzweig 4 · 0⤊ 0⤋
I'm not a lawyer, however, I am certain that it is true that in order for a contract to be enforceable, it must in fact be legal.
A contract is a "meeting of the minds." Any component that is not legal renders it illegal and unenforceable.
So, I would say, none of your options are applicable.
(I think).
2007-04-10 16:11:10 · answer #3 · answered by Firespider 7 · 0⤊ 0⤋
The dentist doesn't have the right to do the root canal. Turn him in. . .but then you better listen to someone that has been reading the book you should have been. . .
2007-04-10 16:48:44 · answer #4 · answered by towanda 7 · 0⤊ 0⤋
Not enforceable by either party. Do your own damn homework.
2007-04-10 16:08:44 · answer #5 · answered by Anonymous · 1⤊ 0⤋
why would you even consider going to an unliscensed dentist
2007-04-10 16:12:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋