Defenses to Intentional Torts

Defenses to I ntention

17 cards   |   Total Attempts: 188
  

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Cards In This Set

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Mohr v. Williams
Doctor operated on different ear than supposed to. Every person has the right to complete immunity of his person from physical interference of others
Kennedy v. Parrott
Surgeon found large cysts on plaintiffs ovaries Surgeon may extend the operation to any problem within the area designated for operation
Hoofnel v. Segal
Womanly parts not to be messed with consent form was clear and important to enforce
OBrien v. Cunard
Immigrant to America, small pox consent is enough to barr cause of action
Schloendorff v. Society of New York Hospital
Emergency rule. allowed where the patient is unconscious and where it is necessary to operate before consent can be obtained.
Allore v. Flower Hospital
Implied consent is a legal fiction justified by assumption that the plaintiff as a rational agent would have consented to the operation
Cotnam v. Wisdom
Allowing the action, but only for the successful knowledge of the decedent's higher fees based on the physicians special knowledge of the decedents wealth
Bonner v. Moran
Consent of the parent is necessary for an operation on a child
Brophy v. New England Sinai Hospital
Wife cut off life support to husband law protects the guardians goodfaith decision from any judicial challenge or review
Cruzan v. Director, Missouri DOH
Clear and convincing evidence that she would have adopted that course of action if presented with the choice wihle still competent
Lausier v. Pescinski
Did not have the power to permit the removal of one of the incompetent's kidney's needed to save the life of his brother, even though the risk of harm to the incompetent was slight
McPherson v. McPherson
Defendant's conduct was actionable if he intentionally misrepresented or failed to affirmatively disclose his diseased condition to his wife.
Hudson v. Craft
Boxing match at carnival If you are beneficiary of a law you can't consent to violation
Hart v. Geysel
Prizefight It is not necessary to reward the one that got the worst of the encounter at the expense of his more fortunate opponent
Barton v. Bee Line
Underage girl slept with person will not be vindicated by recompensing her for willing particpation in that against which the law sought to protect