Legal and Ethical Principles in Health Care

Enforcement Contract Elements

An enforceable contract is a lawfully binding agreement between two parties and sets out a transaction’s terms and conditions. To be enforceable, a contract must have the following essential elements. The first one is offer and acceptance. Essentially, there must be a clear offer from one party and an acceptance from the other party. Second, there must be a consideration: both parties must receive something of value, such as goods or services, in exchange for their agreement. The third element is capacity: both parties must have the legal ability to enter into a contract (Khatoon, 2020). The next element is intent. Accordingly, both parties must have the intention to be legally bound by the agreement. Finally, the last element is legality. The contract must be for a lawful purpose and must not violate any laws or public policy.

Components of the Contract

The contract should include the identified elements when purchasing a new CT scanner from a vendor to ensure its enforceability. The contract should clearly state the terms of the offer and acceptance, including the price of the CT scanner, any warranties or guarantees, and the delivery date (Pozgar, 2018). Consideration should be specified, with the vendor providing the CT scanner and the buyer providing payment in exchange. The contract should also state the capacity of both parties, confirming that they are authorized to enter into a contract. The intent of both parties to be legally bound and the agreement should be expressed in the contract, and it should be ensured that the purchase of the CT scanner is lawful and complies with relevant laws and regulations (Pozgar, 2018)

Confirmation of Validity

To confirm the contract’s validity, it is essential to review and understand all terms and conditions before signing. A lawyer should review the contract to ensure it is legally binding and enforceable (Nittari et al., 2020). It is also recommended that the contract be reviewed by the relevant authorities, such as the hospital or medical facility purchasing the CT scanner, to ensure that it complies with any internal policies and procedures.

References

Khatoon, A. (2020). A blockchain-based smart contract system for healthcare management. Electronics, 9(1), 94. https://doi.org/10.3390/electronics9010094

Nittari, G., Khuman, R., Baldoni, S., Pallotta, G., Battineni, G., Sirignano, A., & Ricci, G. (2020). Telemedicine practice: review of the current ethical and legal challenges. Telemedicine and e-Health, 26(12), 1427-1437. https://www.liebertpub.com/doi/abs/10.1089/tmj.2019.0158

Pozgar, G. D. (2018). Legal aspects of health care administration. Jones & Bartlett Learning.

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