Ira M. Weiss v. Nurse Midwifery Associates
- Facts: plaintiff seeks recovery of $750 fee paid to defendant for pre-natal and post-natal care
- Plaintiff allegates the defendant failed to render adequate services by not being at the child birth
- Defendant's presence was not guaranteed.
- Issue: Whether there was a breach in contract and compensation due.
- Rationale/Holding: Failure to perform only one facet, the attendance at the child birth did not necessarily constitute a material breach of the contract.
- The defendant performed a substantial portion of the obligations which arose upon the formation of the contractual relat. and did not materially breach the contract
- Defendant made best efforts tomake it to the child birth
- Obligation would only arise if proper notification was given and it was not in this case.
- Failure of notification to the defendant of the impending birth should relieve defendant of obligation to attend the event.
- The plaintiff's action to recover payments made to the defendant should be dismissed in its entirety.
- Plaintiff's cause of action is not based in substantive law and shall be dismissed.
Substantive Law: The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property