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Source Defenses to Negligence Complete Torts List Matched to this deck.

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A pedestrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast change that would probably prevent permanent stiffness. The pedestrian unreasonably refused the cast change, and the wrist became permanently stiff.
How does the refusal affect damages?

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The plaintiff's later refusal of reasonable treatment bars the entire negligence claim. The refusal has no effect because mitigation is never required in tort. The refusal may reduce damages for harm that reasonable treatment probably would have avoided, but it does not eliminate damages caused before the refusal. The refusal proves the defendant owed no duty.

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