(no subject)
Apr. 15th, 2003 09:50 am- Summarize notes:
Duty of CareStandard of Care- Causation
- Remoteness
Stewart v. Pettie, (drunk driver whose sister sued the hotel that got him drunk)Ontario Parental Responsibility ActWinnipeg Child Services v. DFG (Glue-Sniffing Pregnant Woman)Dobson v. Dobson (mom who injured her fetus by reckless driving and was later sued by said fetus)Vanek v. Great Atlantic & Pacific Co (kid who drank some contaminated fruit juice and threw up, causing parents to freak out and get heart condition and sue the juice company. AKA the Get-A-Grip Case)Boudreau v. Benaiah (spectacularly negligent attorney in child custody abduction case)Walker Estate v. York Finch General Hospital (tainted blood case)Arndt v. Smith (chicken pox child)
On the Must Not Do List:
Go anywhere near Promises again. How very annoying that a fic that`s been playing moribund for months and playing dead for a couple of weeks all of a sudden perks up and whines, "Write me, Write Me, WRIIIITE MEEEEEEE!!!!" just when I`m supposed to be studying for my exams.
Down!! Sit!! Good fic. :pat pat:
Re: Frivolity
Date: 2003-04-15 10:15 am (UTC)There`s all sorts of arguments raised about how the mother and child are one legal entity during pregnancy, so how can you sue yourself... but then if the child is born alive, it could sue its mother for negligence during pregnancy... but that`s the same thing as suing yourself because when the negligence happened you were the same person... but you can sue a third party who injured you while you were in your mother`s womb, so why can`t you sue your mother... well, because then you could sue her for anything and everything, including watching the wrong kinds of TV programs while you were in utero... well, yeah, but come on, that`s a silly slippery slope argument... yeah, says you, it`s valid... stupid feminazis... damn ultra-fundies... shut up... no you shut up...
Anyway. Conclusion: you can`t sue your mother for negligence during pregnancy. Not in Canada, anyway. There are some exceptions to this in some States.