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A Letter from the UK: Tort Law and Damages for the Unwanted Child
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Journal of Legal Economics
- Article date:
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March 1, 2008
- Author:
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Copyright informationCopyright American Academy of Economic and Financial Experts Mar 2008. Provided by ProQuest LLC. (Hide copyright information)
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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 ...
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