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 Ă˘â‚¬Ĺ“second foundation fact,Ă˘â‚¬Âť and how does Ă˘â‚¬Ĺ“common experienceĂ˘â‚¬Âť matter in relation to it?
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3- The opinion states, Ă˘â‚¬Ĺ“There must be a substantial difference between the surgery consented to and the surgery which is done [for a battery case to be made].Ă˘â‚¬Âť What would amount to a Ă˘â‚¬Ĺ“substantial differenceĂ˘â‚¬Âť 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 Ă˘â‚¬Ĺ“have no occasionĂ˘â‚¬Âť to decide whether failure to advise the plaintiff of the risk of nerve injury raised a negligence issue?