[1990] – Law already provide a remedy? (Martel) Spectre of unlimited liab to unlimited class? (Osterlind) Other reasons of broad policy? – operational not False statement, loss after buying more shares political. Presumption shifts against finding of duty BC [1989] – Return to conservative and incrementalist approach Affirmative Action Duty owed to Rescuers Hesitation to impose liability on non-feasance (1969) – Offends against personal autonomy/individualism Ideological commitment to capitalist notions of Duties owed to unborn children choice Pre-conception wrongs – injury to parent causes harm + obligs to act more intrusive then - obligs not to to child before conception. Child must then be born. Just a linguist diff bet non and mis – failure to apply (2008) – breaks just as harmful as failure to save from 1) drown. Resolve misf=worsening P’s position; 2) non=failing to improve. A) Duty to Rescue (1928) – Let man drown per autonomy argument G [1997] – (2000) – Wrongful birth and wrongful life – doc fails to warn of Arguments in favour high likelihood of child with disabilities and so she Reflects common sense understanding of morality cannot make informed decision Removes inconsistency (why special but not gen?) Rule – dealt with in duty of doc to inform of risks Utilitarian argument (Bentham) – benefit out Wrongful pregnancy – careless abortion or sterilization weighs cost = net gain for society Rule – general princ of med liab Exceptions 1) what damages 2) cost of child until when? 3) Duty Established by statute & once commenced more for disabled child? (1969) – (1995); [1995] – 1) 2) [2002] – 3) P Pre-natal injuries Master of vessel has statutory duty to rescue (1943) (1936) – [1972] – [1933] - Voluntary assumption of duty/duty to control actions of others (1973) – (1990) – Health Professional’s Duty to Warn B) (1987) –
[1990] – False statement, loss after buying more shares Presumption shifts against finding of duty Return to conservative and incrementalist approach Law already provide a remedy? (Martel) Spectre of unlimited liab to unlimited class? (Osterlind) Other reasons of broad policy? – operational not political. BC [1989] – Affirmative Action Hesitation to impose liability on non-feasance Offends against personal autonomy/individualism Ideological commitment to capitalist notions of choice + obligs to act more intrusive then - obligs not to Just a linguist diff bet non and mis – failure to apply breaks just as harmful as failure to save from drown. Resolve misf=worsening P’s position; non=failing to improve. Duty to Rescue (1928) – Let man drown per autonomy argument (2000) – Arguments in favour Reflects common sense understanding of morality Removes inconsistency (why special but not gen?) Utilitarian argument (Bentham) – benefit out weighs cost = net gain for society Exceptions Duty Established by statute & once commenced (1969) – 1) 2) 3) P Master of vessel has statutory duty to rescue (1936) – Voluntary assumption of duty/duty to control actions of others (1973) – B) Duty owed to Rescuers (1969) – Duties owed to unborn children Pre-conception wrongs – injury to parent causes harm to child before conception. Child must then be born. (2008) – 1) 2) A) G [1997] – Wrongful birth and wrongful life – doc fails to warn of high likelihood of child with disabilities and so she cannot make informed decision Rule – dealt with in duty of doc to inform of risks Wrongful pregnancy – careless abortion or sterilization Rule – general princ of med liab 1) what damages 2) cost of child until when? 3) more for disabled child? (1995); [1995] – [2002] – Pre-natal injuries (1943) [1972] – [1933] - (1990) – Health Professional’s Duty to Warn (1987) –