Southern New Hampshire University Scalisi vs NY Univ Medical Center Discussion

Choose one of the options below for discussion. Be sure to elaborate and explain.

• Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 321)Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.

https://caselaw.findlaw.com/us-6th-circuit/1019497…

• Designer Baby (Scalisi vs. NY Univ. Medical Center, p. 429)Why was the basis of the parent’s argument that they were not bound by the written contract in the Scalisi et al. v. New York University Medical Center case? How did the court rule and what was the reasoning for that decision. Do you agree or disagree. Why or why not? Have you ever entered into an oral contract? Discuss.

http://www.courts.state.ny.us/Reporter/3dseries/20…

I will need two classmate responses done.

1st classmate response needed

Week Four Discussion

Aimee Cournoyer posted Nov 15, 2020 1:06 PM

Designer Baby (Scalisi vs. NY Univ. Medical Center)Though I cannot help but think that these parents were completely unreasonable to think that their fertility doctors could indeed control the health outcomes of a child after it is born, this case is a matter of contract law. The plaintiffs in this case are the parents (Scalisi) of twins who were born due to an in vitro fertilization treatment at New York University Medical Center. One of the twins developed autistic traits, which the defendants (doctor, the medical center) allegedly claimed, by oral agreement, would not happen to any children born of the procedure. However, the plaintiffs sued for breach of contract, claiming that the subsequent written contract contradicted the original oral agreement. The written contract contained the follow language: “within the human population, a certain percentage . . . of children are born with physical and mental defects, and that the occurrence of such defects is beyond the control of physicians . . . . We therefore understand and agree that NYU Medical Center, PIVF and its physicians do not assume responsibility for the physical and mental characteristics of hereditary tendencies of any child born as a result of these procedures”The plaintiffs argued that they only entered into the written contract based on the original oral contract, as their primary motivation for receiving the in vitro fertilization procured was to produce a child free from autism. The court ruled to dismiss the case based on the parole evidence rule. This rule states that oral evidence of an agreement is inadmissible if it is made before or at the same time as a writing that the parties intend to be the complete and final version of their agreement (Kubasek et al., 2017, p. 425-426). This rule prevents oral evidence that contradicts the agreement in its written form, as the written agreement is assumed to be the complete, final agreement. In the Scalisi case, it was decided that because the original oral agreement was contradictory to the subsequent written agreement. Therefore, the oral agreement is barred as evidence by the parole evidence rule and the terms of the written contract stand. I agree with this ruling. Even if the doctor gave the Scalisi family verbal assurance that their children would be free of any autistic tendencies (regardless of whether not this was a reasonable or responsible claim to make), the final written contract should stand. It would be very messy legally if people could routinely claim breach of written contract based on alleged verbal agreements that contradict the legal written contract. Especially given that these verbal agreements can be hard to prove.I cannot think of a specific situation where I agreed to an oral contract that was contradicted by a written contract. However, I believe this is a fairly common situation with medical insurance companies. It is not uncommon for an individual to receive verbal assurance from a medical insurance company representative that a particular procedure or medication will be covered by their insurance policy, only to later receive a large bill. Even if one complains that they received oral assurance that their procedure would be covered, the companies will then cite their complex written stipulations as binding. Note: While I believe that this should be legally permissible based on the findings of the case study above, I also believe that the predatory behavior of medical insurance companies needs to be curbed.

REFERENCES: Kubasek, N. K., Brown, M., Dhooge, L., Herron, D. J., & Baracks, L. L. (2017). Dynamic Business Law (4th ed.). New York, NY: McGraw-Hill Education.http://www.courts.state.ny.us/Reporter/3dseries/20…

2nd classmate response needed

4-1: Discussion

Carley Sayre posted Nov 17, 2020 12:27 PM

Scalisi vs. NY Univ. Medical Center

The basis of the argument brought forward by the parents, Bonnie and Maurice Scalisi’s, was that prior to the written agreement an oral agreement had been made between them and New Your University Medical Center. They argued that they were not bound by the written contract due to a breach of said oral contact on the part of NYU Medical Center. Allegedly they entered into oral agreement with the Medical Center in October of 1997 for in vitro fertilization that would not result in the birth of a child with autistic characteristics (Kubasek, Browne, Dhooge, Herron, & Barkacs, 2020). In the oral agreement they claimed that they were assured that impregnating the plaintiff with the fertilized eggs rather that a surrogate would not result in the birth of a child with autism.

The couple had twins in July of 1998 and claimed that one had autistic traits. In February of 2002 more than 3 ½ years later the plaintiffs began a breach of contract action against the defendant claiming damages of $2 million The Scalisi’s alleged that the defendants breached the oral contract by violating its purpose when it placed the eggs in the uterus of the mother instead of a surrogate. In the written agreement signed in December of 1997 it includes the consent of the plaintiff, Mrs. Scalisis, to be the recipient for the eggs donated from anther woman. In the signed agreement the plaintiffs also acknowledged that within a human population a certain percentage are born with defects and it is beyond the control of physicians. Also signing an understanding that NYU Medical Center nor its physicians are responsible for any physical or mental characteristics of hereditary tendencies born as a result of these procedures (Bonnie Scalisi v New York University Medical Center 2020).

In this case the defendants moved to dismiss and argued that the parole evidence rule precludes an action based on an alleged oral agreement when a written agreement on the same matter was signed by all parties. The courts agreed that the written agreement prevented the admissibility of the oral agreement. The plaintiffs also failed to prove any compensable damages as required in a breach of contract action. The state court of appeals also agreed that any alleged oral promises were inadmissible due to the existence of the written agreement which directly contradicts them (Kubasek, Browne, Dhooge, Herron, & Barkacs, 2020).I would have to say in this case that the courts made the correct decision. Since they have no proof of the oral agreement it makes it basically hear say. Anyone can claim they made an oral agreement, but it is always a golden rule to get everything in writing. I cannot really fathom the reasonable thinking that the plaintiff had for assuming that a doctor can control the health outcomes after birth and to think that a professional would agree to that is somewhat ludicrous to me. Also, for them to sign a written agreement agreeing to everything they claimed they did not want in the alleged oral agreement makes you question the authenticity of their claim.I have personally never had an issue with an oral agreement, but I was also taught to always have a paper trail. Oral agreements for small things between family and friends are fine, but when you are dealing with a business, hospital, or anything of the sort you need to have something to back up your claim. I can allege that someone has promised me a thousand things but if its not in writing then it just becomes my word against theirs.

References:

Bonnie Scalisi v New York University Medical Center. (n.d.). Retrieved November 17, 2020, from https://law.justia.com/cases/new-york/appellate-di…

Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs, L. L. (2020). Dynamic business law. New York, NY, NY: McGraw-Hill Education.