dolution
dolution.
Read the case Perin v. Hayne and answer the discussion questions.
1- Has due care been shown? Does it need to be?
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Order Paper Now2- What is the “second foundation fact,†and how does “common experience†matter in relation to it?
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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