| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Stop wasting time looking for files and revisions. Connect your Gmail, DriveDropbox, and Slack accounts and in less than 2 minutes, Dokkio will automatically organize all your file attachments. Learn more and claim your free account.

View
 

Negligent Infection of Wife with HIV

Page history last edited by PBworks 13 years, 6 months ago

Test #C - Negligent Infection of Wife with HIV

 

Facts: The wife, who was infected with the HIV, the probable causative agent of acquired immune deficiency syndrome (AIDS), alleged that the husband became infected with HIV first, as a result of engaging in unprotected sex with other men before and during their marriage, and that he then knowingly or negligently transmitted HIV to her. The husband, who had full-blown AIDS, alleged that the wife had infected him and offered as proof a negative HIV test conducted in connection with his application for life insurance on August 17, 2000, six weeks before the wife discovered she was infected with HIV. The parties were married in July 2000 and ceased having sexual relations after their honeymoon. The court concluded that the discovery had to be limited in light of the husband's negative HIV test on August 17, 2000, which restricted the window period of possible infection to the six months preceding the negative test. The court also concluded that the tort of negligent transmission of HIV did not depend solely on actual knowledge of HIV infection and extended at least to those situations where the actor had reason to know of the infection.

 

Instructions:

 

1. Find the above case. It is a California Appellate case - 2006 - the case would look something like this name of parties (2006) - _(volume no)___ Cal. App. 4th _(page no)___

 

To find the case go to http://americanlegalnet.com - type in the username = lawteacher and the password = lamc - then go to California Appellate Court Cases and type in your key legal words to find the case.

 

2. State the name of the party who won the case - not plaintiff, etc, but the actual name and give the complete case citation - i.e. Name of parties (date case decided) volume number, name of case reporter, page number

 

3. Give short description of the facts of the case (in your own words)

 

4. Give the Court rule (in your own words) - you can copy and paste some of the legal language of the case

 

5. Give the reasoning or rationale of the court used in resolving the case (in your own words)

 

 

Good luck. Profj. J.

Comments (0)

You don't have permission to comment on this page.