Question: IV . I. Donna needs to have her tonsils removed, and she consults Dr . Slycoff, who offers to perform the surgery for $ 3
IV I. Donna needs to have her tonsils removed, and she consults Dr Slycoff, who offers to perform the surgery for $ Donna says she has no insurance and will not pay more than $ for the operation. Dr Slycoff believes that the new state health plan will reimburse him for the difference between his normal fee and the amount Donna will pay, so he enters into a written contract with Donna to perform the tonsillectomy for $ After the surgery, Donna only pays the doctor $ because she says that, while negotiating the surgery price, Dr Slycoff had also agreed to remove a large, unattractive mole from her nose. Also, Dr Slycoff discovers that the state health will not pay anything towards the operation. Dr Slycoff sues Donna for $ to try to collect the full amount agreed to in the written contract.
Did the statute of frauds require that the contract Donna and the doctor be written to be enforceable? Explain your answer.
Will Donna be able to argue in court that the doctor had agreed to remove the mole from her nose as part of their contract? Explain your answer.
If before performing the operation, Dr Slycoff had discovered that he would not be reimbursed by the state health plan, could he have asserted the defense of mistake and had the contract rescinded? Explain your answer.
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