RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025
[Document subtitle]
[School]
[Course title]
, Exam (elaborations)
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025 - The
Nasciturus fiction and wrongful life
Course
LLB Research Report - RRLLB81 (RRLLB81)
Institution
University Of South Africa (Unisa)
Book
Research Methods for Law
Nasciturus fiction and wrongful life The unborn child can be considered to be born in
order to benefit for certain legal purposes. This principle is called the nasciturus fiction.
For instance, if a child that is still to be born suffers injuries before birth, and is
subsequently delivered alive, the nasciturus fiction can be applied to benefit the child by
claiming delictual damages. This implies that the child attains 56 rights until born alive.
This fiction, perhaps, arguably guarantees the right to life of a foetus. On the other hand,
the principle of wrongful life refers to a legal claim made on behalf of a child born with
severe disabilities, alleging that the child's birth, and the subsequent suffering, was
caused by a healthcare provider's negligence. Negligence in this regard could mean that
the healthcare professional has failed to properly diagnose and thereafter inform the
parents about potential birth defects, thus depriving the parents of the choice to
terminate the pregnancy or take other preventative measures. If a child is born alive, the
parents may institute two claims, one against the person who caused the foetus injuries
and the healthcare professional who failed to diagnose potential birth defects. This
appears to be legally unfair. Provide your understanding about these legal principles and
their contradiction in cases of prematernal injuries. You may also consider whether the
right to life applies in such cases. Cases Pinchin and Another NO v Santam Insurance Co
Ltd 1963 (2) SA 254 (W) Stewart and Another v Botha and Another 2008 (6) SA 310 (SCA)
Christian Lawyers Association v Minister of Health and Others (Reproductive Health
Alliance as Amicus Curiae) 2005 (1) SA 509 (T) Books Kruger H (ed), The Law of Persons
in South Africa (3rd edn, Oxford University press 2024) Heaton J, The South African Law
of Persons (6th edn, LexisNexis 2021) Legislation Constitution of Soth Africa, 1996
Journal Articles Chürr C, ‘Wrongful Life Claims Under South African Law: An Overview of
the Legal Framework’ (2015) 36(3) Obiter 745 Mukheibir A, ‘The Nasciturus Fiction and
Delictual Claims: RAF v M obo M [2005] 3 All SA 340 (SCA)’ (2006) 27 Obiter 188
(COMPLETE ANSWERS)
Semester 2 2025
[Document subtitle]
[School]
[Course title]
, Exam (elaborations)
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025 - The
Nasciturus fiction and wrongful life
Course
LLB Research Report - RRLLB81 (RRLLB81)
Institution
University Of South Africa (Unisa)
Book
Research Methods for Law
Nasciturus fiction and wrongful life The unborn child can be considered to be born in
order to benefit for certain legal purposes. This principle is called the nasciturus fiction.
For instance, if a child that is still to be born suffers injuries before birth, and is
subsequently delivered alive, the nasciturus fiction can be applied to benefit the child by
claiming delictual damages. This implies that the child attains 56 rights until born alive.
This fiction, perhaps, arguably guarantees the right to life of a foetus. On the other hand,
the principle of wrongful life refers to a legal claim made on behalf of a child born with
severe disabilities, alleging that the child's birth, and the subsequent suffering, was
caused by a healthcare provider's negligence. Negligence in this regard could mean that
the healthcare professional has failed to properly diagnose and thereafter inform the
parents about potential birth defects, thus depriving the parents of the choice to
terminate the pregnancy or take other preventative measures. If a child is born alive, the
parents may institute two claims, one against the person who caused the foetus injuries
and the healthcare professional who failed to diagnose potential birth defects. This
appears to be legally unfair. Provide your understanding about these legal principles and
their contradiction in cases of prematernal injuries. You may also consider whether the
right to life applies in such cases. Cases Pinchin and Another NO v Santam Insurance Co
Ltd 1963 (2) SA 254 (W) Stewart and Another v Botha and Another 2008 (6) SA 310 (SCA)
Christian Lawyers Association v Minister of Health and Others (Reproductive Health
Alliance as Amicus Curiae) 2005 (1) SA 509 (T) Books Kruger H (ed), The Law of Persons
in South Africa (3rd edn, Oxford University press 2024) Heaton J, The South African Law
of Persons (6th edn, LexisNexis 2021) Legislation Constitution of Soth Africa, 1996
Journal Articles Chürr C, ‘Wrongful Life Claims Under South African Law: An Overview of
the Legal Framework’ (2015) 36(3) Obiter 745 Mukheibir A, ‘The Nasciturus Fiction and
Delictual Claims: RAF v M obo M [2005] 3 All SA 340 (SCA)’ (2006) 27 Obiter 188
