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RRLLB81 Assignment 2 (COMPLETE
ANSWERS)
Semester 2 2025 - DUE September 2025;
RESEARCH EXPERT
HP |
, RRLLB81 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE September
2025;
The 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
RRLLB81 Assignment 2 (COMPLETE
ANSWERS)
Semester 2 2025 - DUE September 2025;
RESEARCH EXPERT
HP |
, RRLLB81 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE September
2025;
The 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
