Tenuto V Lederle Summary

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Review Tenuto v. Lederle, Safer v. Estate of Pack, and Molloy v. Meier and answer the following questions. Your written response should be between 750 and 1,000 words. 1) Identify at least 4 primary sources and 4 secondary sources of law that the courts in those cases relied upon in making their decisions (a total of at least 8 sources for this question, not 8 sources from each case). Explain the court’s reason for relying on each of these sources. Tenuto v Lederle • Eiseman v State of New York, supra, 70 NY2d, at 188 – Primary Source. The New York Supreme Court cites this case as one of binding primary authority to establish a precedent that “under appropriate circumstances common morality, logic and social policy could permit a limited extension …show more content…

(Tenuto) Safer v Estate of Pack • McIntosh v. Milano, 168 N.J. Super. 466, 483-85, 403 A.2d 500 (Law Div. 1979) – Primary Source This case is used as a primary binding authority to support the extension of duty of care as the court does not recognize a significant difference between harm resulting from contagion and harm arising from genetic information. Not stated but reasonably assumed is the idea that had the plaintiff had access to the genetic information she would have been able to make different choices with regard to her self-maintenance and potentially avoided the risks of premature death as a result of colon cancer. • Tarasoff v. *626 Regents of Univ. of Cal., 17 Cal.3d 425, 131 Cal. Rptr. 14, 24, 551 P.2d 334, 344 (1976) – Primary

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