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1. Describe the objectives of tort law. 2. Describe the four elements of negligence that a plaintiff must establish in a negligence suit. 3. Read
- 1. Describe the objectives of tort law.
- 2. Describe the four elements of negligence that a plaintiff must establish in a negligence suit.
- 3. Read the case study below and answer the questions.
- Case Study: Doe v. Marx
- A woman, J. Doe, with early signs of breast cancer goes to see her physician, Dr. Marx, for a checkup, during which she mentions that she has noticed a small lump in her left breast. Dr. Marx fails to order a mammogram to test for breast cancer. One year later, her breast cancer had spread significantly, and she is required to go through many months of chemotherapy and ends up with a mastectomy of her left breast.
- What type of negligent tort is this case?
- Who is the plaintiff? Who is the defendant?
- There are three basic forms of negligence, malfeasance, misfeasance and nonfeasance. What form of negligence is specific to this case? Provide the evidence in this case to support your decision.
- List, in order, and describe the four elements of negligence as related to the evidence in this case.
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1 Objectives of Tort Law Tort law serves several objectives including Compensation Tort law seeks to provide compensation to individuals who have suffered harm or loss due to the actions or omissions ...Get Instant Access to Expert-Tailored Solutions
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