In 1999, you enter a contract to clone one of your kidneys for a future replacement of one of your own kidneys. You are an adult at the time the contract is signed.
The contract includes language preserving the cloned kidney until you need it, if you need it. It also includes language wherein both parties agree there are certain risks that surround the process, some of which may still be unknown.
You pay a Cloning Center a nonrefundable fee of $30,000. but the kidney later proves to be nonfunctioning, and is destroyed in 2007, well before any need arises.
The actual cause of the failure cannot be positively identified. All parties agree as to same.
Despite an intensive investigation, it is clear that what is stated herein is all of the available information regarding this situation.
What, if any, contractual remedies do you have against the Cloning Center?
The contractual position is that when the contract was formed it was for cloning and preserving your kidney till you needed it. It was agreed that the process had certain risks and some of the risks were not foreseen. One of the risks was that the cloned kidney would not be preserved properly for the required time and may be destroyed. So, this was a foreseeable risk of the contract. The consideration has been paid to clone the kidney and preserve it ...
This posting discusses the important elements of a valid contract.