In re Crisan's Estate

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In re Crisan's Estate, 362 Mich. 569, 107 N.W.2d 907 (1961).

Facts: Patient was unconscious while cared for in the hospital for 11 months. She dies and Plaintiff hospital sues estate.

Issue: Was a contract formed between hospital and Crisan?

Holding: No, but patient is obligated to repay hospital.

Rule: "one who supplies services to another, although acting without the other's knowledge or consent, is entitled to restitution therefor from the other if:

  • he acted unofficiously and with intent to charge therefor and
  • the services were necessary to preserve the other's life or health, and
  • the one supplying it had no reason to know that the other would not consent to receiving them if mentally competent,
  • and it was impossible for the recipient to give consent because of her physical or mental condition."