LPL4802
Assignment 1 Semester 2 – 2023
Unique Number: 705490
QUESTION 1: You should study lessons 1-3 before attempting this question
Read the set of facts below and provide a response on the question that follows.
NB. Your response must be presented in the form of an essay. Use the rubric
provided for this assignment to guide you in the planning of your essay.
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.
Assignment 1 Semester 2 – 2023
Unique Number: 705490
QUESTION 1: You should study lessons 1-3 before attempting this question
Read the set of facts below and provide a response on the question that follows.
NB. Your response must be presented in the form of an essay. Use the rubric
provided for this assignment to guide you in the planning of your essay.
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.
