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A letter from the UK: tort law and damages for the unwanted child

Priaulx, Nicolette Michelle 2008. A letter from the UK: tort law and damages for the unwanted child. Journal of Legal Economics 14 (3) , pp. 45-71.

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Abstract

If a healthy child born as a result of clinical negligence in family planning techniques is a "blessing" which should not resound in child maintenance damages, can an exception be created for the birth of a disabled child? If so, should the law then permit a further exception for the disabled parent of a healthy child? And, even if the healthy child is not the proper subject-matter of compensation, is this the same as saying that those who actively sought to avoid parenthood suffer no "harm" at all? Exploring a line of decisions in the UK where such questions have recently arisen, the author discusses the problematic development of the reproductive torts and the question as to what claimants might now expect to recover when their reproductive plans to avoid parenthood are set-back.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: H Social Sciences > HQ The family. Marriage. Woman
H Social Sciences > HV Social pathology. Social and public welfare
K Law > K Law (General)
Publisher: Lexis Nexis
ISSN: 1054-3023
Last Modified: 04 Jun 2017 03:21
URI: http://orca.cf.ac.uk/id/eprint/19988

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