RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
Nasciturus fiction and
wrongful life
[Document subtitle]
[School]
[Course title]
, 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
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025; 100%
TRUSTED Complete, trusted solutions and explanations.
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.
Nasciturus Fiction
Definition: A legal fiction treating an unborn child as if already born for certain
purposes.
Purpose: To benefit the unborn child in legal matters, such as inheritance or claims for
damages.
Example: If an unborn child is injured before birth but is subsequently born alive, they
can claim damages for those injuries.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
Nasciturus fiction and
wrongful life
[Document subtitle]
[School]
[Course title]
, 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
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025; 100%
TRUSTED Complete, trusted solutions and explanations.
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.
Nasciturus Fiction
Definition: A legal fiction treating an unborn child as if already born for certain
purposes.
Purpose: To benefit the unborn child in legal matters, such as inheritance or claims for
damages.
Example: If an unborn child is injured before birth but is subsequently born alive, they
can claim damages for those injuries.
