(no subject)

[ciroccoj]

• Summarize notes:
  
  
  
  • Duty of Care
    
  • Standard of Care
    
  • Causation
    
  • Remoteness
    
  
  
• Read over Supplementary Notes:
  
  • Stewart v. Pettie, (drunk driver whose sister sued the hotel that got him drunk)
    
  • Ontario Parental Responsibility Act
    
  • Winnipeg 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)
    
  
  
• Find old Torts exams
  
• Start reading for CRIM paper
  
• Daniel: soccer
  
• Daniel: Spanish summer school
  

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:

Comments

Frivolity

[gypsum.livejournal.com]

It's nice to see that the United States is not the only country with really weird lawsuits.

How can a fetus have standing to sue its mother?

Re: Frivolity

[ciroccoj.livejournal.com]

After much, much, much legal rigamarole and brouhaha, you find that it doesn`t.

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.

[bear.livejournal.com]

::whining:: No fair! Your cases are more fun than ours! (Even though we have the gravy-stained placemats) The Get-A-Grip case is a great nickname. The best we ever came up with was for a British case in Crim where three shipwreck survivors were stuck on a lifeboat for, like, two weeks, and finally two of the guys ganged up on the cabin boy and ate him. They were rescued three days later and tried for cannibalism. We called it The Case Of The Cabin Boy Buffet. ::g::

And who filed suit on behalf of the fetus? The father? Grandparents? What damages ... ah, hell, I'll just go look it up. :)

[ciroccoj.livejournal.com]

The gravy stained placemats though... that kind of makes up for everything, doesn't it? And you can't say you don't have neato cases too. Palzgraf?

I'll have to read the Cabin Boy Buffet sometime. You wouldn't happen to have the citation, would you?

As for the fetus thing, the child himself sued after he was born. Don't know how old he was, or who his intervenor was, because he was referred to as the Infant Plaintiff. For all I know, he could've been 17. Do you guys have access to QuickLaw? Or does Westlaw carry some Canadian cases as well?