Dobos was admitted to a hospital with a serious condition that required around to clock nursing care. The hospital, on the orders from Dobos's doctor, requested Nursing Care Service, Inc., to care for Dobos while she was in the hospital and for a two week period while she was at home. When Nursing Care Services sent a bill, Dobos claimed she was not liable because she had not signed a written contract or personally made an oral agreement for thier services, although she was well aware of what her doctor had requested and had readily accepted the care provided. Under what theory can Nursing Care Sevices collect?

Nursing Care Services may be able to collect payment from Dobos under the theory of implied contract or implied-in-fact contract.

An implied contract is a legally binding agreement that is formed based on the conduct or actions of the parties involved, rather than being explicitly stated in writing or orally. It arises when the parties' behavior indicates that they have mutually agreed to certain terms.

In this case, Dobos was admitted to the hospital with a serious condition and required 24/7 nursing care. The hospital, acting on the orders of Dobos's doctor, requested Nursing Care Services to provide this care. Dobos, being aware of her doctor's request and readily accepting the care provided by Nursing Care Services, can be seen as acknowledging and accepting their services.

Even though there is no written contract or personally made oral agreement, the conduct and actions of Dobos and Nursing Care Services imply a contractual relationship. Dobos's acceptance of the care provided, coupled with the understanding of the necessity and the nature of the services, can be considered as an implied agreement to pay for these services.

Therefore, Nursing Care Services can argue that there is an implied contract between them and Dobos, and they are entitled to collect payment for the services they provided based on the understanding and acceptance demonstrated by Dobos's conduct and actions.

It is important to note that laws may vary depending on the jurisdiction, so it is advisable to consult with a legal professional for specific guidance in this situation.