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LPL4802 Assignment 1 Semester 2 2023 (705490) - DUE 18 August 2023
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LPL4802Assignment 1
Semester 2 2023
(705490) - DUE
18 August 2023
[Document subtitle]
[DATE]
[COMPANY NAME]
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, LPL4802 Assignment 1 Semester 2 2023
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.
I. Introduction
A. Background of Y's medical condition and Doctor X's alleged negligence
B. Request for claims on behalf of Y (wrongful life claim) and Mrs B (wrongful
birth claim)
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