LCR4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ............ Maria is experiencing fatigue and visits her doctor. The doctor runs some tests and discover that Maria has breast cancer. He also determines that she is pregnant. The doctor informs Maria that she needs to undergo surgery for the resection of the cancerous tumour and chemotherapy. The later she starts with chemotherapy, the bigger the risk of the cancer spreading. Starting chemotherapy during the first trimester of pregnancy is, however, contraindicated as it may severely harm the foetus while its organs are still forming. (1) Suppose Maria wants to abort the foetus, but her husband, Gavin, is opposed to the abortion. Gavin approaches the court for an order preventing Maria from proceeding with the abortion. Will Gavin succeed? Briefly substantiate. (3) (2) Does the unborn child have a right to life? Briefly substantiate your answer. (4) (3) Suppose Maria undergoes chemotherapy during the first trimester and the foetus dies as a result of the chemotherapy, can Maria be charged with and convicted of murder? Briefly substantiate. (6) (4) Suppose Maria decides against chemotherapy out of fear for the well-being of the unborn child. During the third trimester, the cancer advances to the extent that the doctors involved in caring for Maria are very worried about her health. All the available research indicate that the chemotherapy would not have any serious adverse consequences for the foetus. Gavin and the doctors want Maria to undergo chemotherapy. Can the doctors subject Maria to the administration of chemotherapy without her consent, relying on negotiorum gestio? Set out and briefly apply the requirements for this ground of justification. (4) (5) Suppose Maria decides against chemotherapy. During the third trimester, she becomes direly ill and lapses into coma. She is being kept alive artificially through life-sustaining measures. Gavin wants to have the machines switched off in order to allow the demise of both Maria and the unborn child. Is compliance with the requirements of section 5(4) of the Choice on Termination of Pregnancy Act 92 of 1996 required for switching off the machines? Briefly motivate. (3)
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