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Shaheen v. Knight

Court of Common Pleas of Lycoming County
11 Pa. D. & C.2d 41 (1957)


Facts

Dr. Knight (defendant) performed sterilization through vasectomy on Shaheen (plaintiff). Thereafter, Shaheen’s wife became pregnant. Shaheen sued for breach of contract. He identified his damages as the need to now support the child he was not supposed to have had. In defense, Dr. Knight alleged that such a contract is void because it goes against public policy; that a physician need not provide an “implied warranty of cure”; that Shaheen did not allege Dr. Knight’s lack of skill, malpractice, or negligence; that the action is not based in assumpsit, but in deceit and no elements of deceit have been alleged; that a doctor’s duty to his patient does not arise in contract; and that Shaheen has not suffered damages, but has been blessed with a child.

Rule of Law

Issue

Holding and Reasoning (Williams, P.J.)

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