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MMLU / A patient went to a doctor for treatment of an abnormal growth on the back of…

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question

A patient went to a doctor for treatment of an abnormal growth on the back of her right shoulder. Under a written contract, the doctor agreed to surgically remove the growth for $750. As agreed, the surgery was performed on an outpatient basis at the doctor's office. He applied a localized anesthesia that enabled the patient to remain conscious during surgery. While the operation was being performed, the doctor noticed a brown mole on the patient's back. As the doctor subsequently recalled, he informed the patient about the mole and asked whether she wanted it removed as well. According to the doctor's account, the patient orally agreed to have the mole removed for an additional $150. The patient has no recollection of any such oral agreement. The doctor erformed both removal procedures satisfactorily. Following the surgery, the patient paid the doctor 750,butrefusedtopayanyadditionalmoneyforthemoleremoval.Afterunsuccessfullyattemptingtocollectthe750, but refused to pay any additional money for the mole removal. After unsuccessfully attempting to collect the 150, the doctor brought suit against the patient to recover the additional fee. At trial, the patient objected to the introduction of testimony concerning any oral agreement made during surgery. Which of the following considerations is most important to a judicial ruling on the patient's objection?
Plain-text mathematical notation (without MathML)
A patient went to a doctor for treatment of an abnormal growth on the back of her right shoulder. Under a written contract, the doctor agreed to surgically remove the growth for $750. As agreed, the surgery was performed on an outpatient basis at the doctor's office. He applied a localized anesthesia that enabled the patient to remain conscious during surgery. While the operation was being performed, the doctor noticed a brown mole on the patient's back. As the doctor subsequently recalled, he informed the patient about the mole and asked whether she wanted it removed as well. According to the doctor's account, the patient orally agreed to have the mole removed for an additional $150. The patient has no recollection of any such oral agreement. The doctor erformed both removal procedures satisfactorily. Following the surgery, the patient paid the doctor 750,butrefusedtopayanyadditionalmoneyforthemoleremoval.Afterunsuccessfullyattemptingtocollectthe150, the doctor brought suit against the patient to recover the additional fee. At trial, the patient objected to the introduction of testimony concerning any oral agreement made during surgery. Which of the following considerations is most important to a judicial ruling on the patient's objection?
Original LaTeX notation
A patient went to a doctor for treatment of an abnormal growth on the back of her right shoulder. Under a written contract, the doctor agreed to surgically remove the growth for $750. As agreed, the surgery was performed on an outpatient basis at the doctor's office. He applied a localized anesthesia that enabled the patient to remain conscious during surgery. While the operation was being performed, the doctor noticed a brown mole on the patient's back. As the doctor subsequently recalled, he informed the patient about the mole and asked whether she wanted it removed as well. According to the doctor's account, the patient orally agreed to have the mole removed for an additional $150. The patient has no recollection of any such oral agreement. The doctor erformed both removal procedures satisfactorily. Following the surgery, the patient paid the doctor $750, but refused to pay any additional money for the mole removal. After unsuccessfully attempting to collect the $150, the doctor brought suit against the patient to recover the additional fee. At trial, the patient objected to the introduction of testimony concerning any oral agreement made during surgery. Which of the following considerations is most important to a judicial ruling on the patient's objection?

choices

  1. The doctor's removal of the mole conferred a clear benefit on the patient.
  2. The proffered oral agreement regarding payment of the additional $150 occurred after the written agreement had been signed.
  3. The written agreement was for services rather than the sale of goods.
  4. The proffered oral agreement regarding payment of the additional $150 concerned a new medical procedure that was unrelated to the subject matter of the prior written contract.

subject

professional_law

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Source and history

task_id
9aec62ea-05fc-5ad5-939c-7518a8b3f8cd
task_key
all--test--9aec62ea-05fc-5ad5-939c-7518a8b3f8cd
task_revision_id
1
config / split
all / test

Official source

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