Read the case Perin v. Hayne and answer the discussion questions.

1- Has due care been shown? Does it need to be?

2- What is the “second foundation fact,” and how does “common experience” matter in relation to it?

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3- The opinion states, “There must be a substantial difference between the surgery consented to and the surgery which is done [for a battery case to be made].” What would amount to a “substantial difference” in your mind? What if throat cancer had been discovered and cleanly removed with no aftereffects? Would that procedure be a substantial difference justifying damages for battery even though no other injury (and, in fact, a benefit) had resulted?

4- Why did the court “have no occasion” to decide whether failure to advise the plaintiff of the risk of nerve injury raised a negligence issue?

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