LPL4802 Assignment 1 (ANSWERS) Semester 2 2023 Unique number (690549) Due date 18th august
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Course
LPL4802 - Law Of Damages
Institution
University Of South Africa
LPL4802 Assignment 1 (ANSWERS) Semester 2
2023
Unique number ()
Due date 18th august
question
Y, a female minor student at Smarties Junior Academy in Pretoria, was born with a congenital
cardiac failure that imperils other vital organs. The result is that she does not enjoy the
normal amenit...
Y, a female minor student at Smarties Junior Academy in Pretoria, was born with a congenital
cardiac failure that imperils other vital organs. The result is that she does not enjoy the
normal amenities of life and is often sickly. She believes that her mother’s obstetrician,
Doctor X, ought to have diagnosed this prenatal ailment and advised her mother accordingly.
Her mother, Mrs B, confides in you that had she been advised correctly, she would have
terminated the pregnancy. Both these ladies approach you in your capacity as an attorney
and request that you file claims, on their behalf, for damages against Doctor X.
Discuss the possibilities of them successfully lodging a wrongful life and or a wrongful birth
claim in terms of the South African law of damages. Use relevant case law and other legal
sources to support your argument. Please note that you are expected to discuss both these
claims.
, Wrongful Life and Wrongful Birth Claims in South African Law
In South African law, both wrongful life and wrongful birth claims are recognized, although they
are distinct legal concepts. Let's discuss each claim separately:
Wrongful Life Claim
A wrongful life claim is brought by a child who alleges that they should not have been born due
to the negligence of a medical professional. In this case, Y, the minor student, would be the
plaintiff. To successfully lodge a wrongful life claim, the following elements must be proven:
1. Duty of Care: Y must establish that Doctor X owed a duty of care towards her. This duty
arises from the doctor-patient relationship and the professional obligations of the
doctor.
2. Breach of Duty: Y must demonstrate that Doctor X breached the duty of care by failing
to diagnose her congenital cardiac failure during the prenatal stage. This breach must be
a result of negligence or a failure to meet the required standard of care.
3. Causation: Y must prove that the breach of duty directly caused her to be born with the
congenital cardiac failure. This can be challenging, as it involves establishing that her life
would have been better if she had not been born.
4. Damages: Y must show that she has suffered harm or loss as a result of being born with
the congenital cardiac failure. This can include physical pain, emotional distress, medical
expenses, and a diminished quality of life.
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