P a g e | 14HOLDING: NO IIED. Female under 18 years had no cause of action against male with whom she willingly consorted if she knew the nature and quality of her act. Generally tho Person who perpetrated an act of sexual intercourse with female, not his wife, under the age of 18 years, under circumstances not amounting to rape in the first degree, would be guilty of rape in the second degree-Informed consent: This doctrine rests on the premise that patients lack knowledge of relevant risks. Must be informed by the provider before consent can be meaningful-Bang v. Charles T. Miller Hospital (1958-Minnesota) pg. 51 D LIABLE / P WINS (IF YOU PERFORM SURGERY ON P AND YOU DON’T DISCLOSE FACT THAT MAY CAUSE P NOT TO CONSENT, THEN YOU DON’T HAVE CONSENT)-Kennedy v. Parrot (1956 North Carolina) pg. 53 D NOTLIABLE / D WINS (EXTENDED TREATMENT/EMERGENCY ACTION WITHOUT CONSENT)CONSENT YES NO IMPLIED – O’BRIENCOBLYN ROUGEAUACTUAL – BARTON NEGLIGENCE Duty of Care, Proof of Breach, Res Ipsa LoquitorPRIMA FACIE CASE: following elements:1.Existence of a DUTY on part of D TO CONFORM TO A SPECIFIC STANDARD OF CONDUCT for protection of P against unreasonable risk of injury 2.BREACH of that duty by D 3.The breach of duty by D was the ACTUAL AND PROXIMATE CAUSEof the P’s injury 4.DAMAGEto P’s person or prop14 | P a g e
P a g e | 15DUTY OF CAREEx: employee of D neg aided a passenger boarding train, passenger drops package. Package exploded, causing a scale substantial distance away to fall on second passenger. Second passenger foreseeable P? . .