Back to the Future: From Critical Legal Studies Forward to Legal Realism, Or How Not to Miss the Point of the Indeterminacy Argument

A woman living in a rural setting becomes ill and calls her family physician, who is the only local doctor, for help. However, it is the doctor’s day off and because he has a golf date, he does not respond,. the woman’s condition worsens, no other physician can be procured in time, and as a result, she dies. Her estate then sues the doctor for not coming to her aid. Legal research discovers a rule of law that holds that in the absence of an actual contract for services, there can be no liability.