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LPL4802 Assignment 1 Semester 2 2023 (705490)

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LPL4802 Assignment 1 Semester 2 2023 () - DUE 18 August 2023 COMPLETE ANSWERS

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  • August 17, 2023
  • 8
  • 2023/2024
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LPL4802 Assignment
1 Semester 2 2023
(705490) - DUE 18
August 2023
QUESTIONS WITH ANSWERS




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, LPL4802 Assignment 1 Semester 2 2023


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.

I. Introduction

A. Background of Y's medical condition and Doctor X's alleged negligence

B. Request for claims on behalf of Y (wrongful life claim) and Mrs B (wrongful

birth claim)

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