Caroline tells her friend Mario that she’s been having back problems. Mario offers to help put her back “into alignment” if she comes to him every week for a period of eight weeks. Though Mario is not a licensed professional, he “does this for his friends all the time.” Caroline is between jobs and does not have health insurance, so she agrees to see Mario for a discounted fee. After eight weeks, Caroline’s back is worse. She is forced to see a doctor, who determines that Mario’s ministrations have exacerbated the problem and made it necessary for Caroline to have surgery. Caroline sues Mario for her medical expenses. What will be the outcome?
a. Because the licensing purpose, in this case, is to raise government revenues, the contract is unenforceable. Caroline, therefore, will not be able to recover from Mario.
b. Caroline will recover from Mario because the contract between them was unconscionable.
c. Because the licensing purpose, in this case, is one of public protection, the contract is unenforceable. Caroline, therefore, will not be able to recover from Mario.
d. Because the licensing purpose in this case is one of public protection, the contract is enforceable. Caroline, therefore, will be able to recover from Mario.
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