Myron, 21, does not have medical insurance. He was taken to the emergency room in an unconscious state. The ER physicians determined that he needed a pacemaker surgically implanted in order to save his life. A cardiac surgeon successfully performed the surgery.
One month later, Myron received a bill for $30,000. He refused to pay the bill. Myron argued that there was no enforceable contract because of UCC Statute of Frauds.
Discuss the following questions:
- Is there an enforceable contract?
- What legal elements of a contract are present?
- Does the UCC apply to this transaction?
- Does the Statute of Frauds bar enforcement?
- Is there an implied contract under common law?