...one who asks: how could its birth possibly give rise to an action for damages? But every baby has a belly to be filled and a body to be clothed. The law relating to damages is concerned with reparation in money terms and this is what is needed for the maintenance of a baby.’ Peter Pain J (II) Introduction ‘Wrongful Birth’ and ‘Wrongful Life’ are issues caught in a ‘legal quagmire’, as they exist between realms of purist legal principles and heated public policy debate. Much like the social taboos of abortion and euthanasia, at their core, they raise questions as to the value placed on human life. Moreover, this ‘value’ is represented by two sides of the coin in addressing the intangible ‘blessing’ of conception and existence, against the real fiscal burdens involved in adequately raising a child. In recent years several major cases have come before English and Australian courts to address issues in this field; however decisions have been far from unanimous, leaving the law in a state of ambiguity. This paper attempts to provide a line of clarity in respect to the developments of legal principles and public policy on these issues, by closely examining relevant case progression and wider academic debate. (III) Development of the ‘Birth Torts’ Unfortunately, the labels of ‘Wrongful Birth’ and ‘Wrongful Life’ are contentious even in their very existence; however it is critical to establish that ‘what is ‘wrongful’ is the negligence, not the birth’. Both issues refer to cases...
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... Instructor: Class: Date: Should “Wrongful Birth” or “Wrongful Life” Lawsuits be Allowed? Introduction The field of biomedical science has technologically improved to make it possible for medics and the parents of the unborn child to know whether a child will be born with defects or having acquired diseases that are hereditary in nature. Through advancement of technology in the medical field and the legality associated with the practice of abortion, a new class of tort developed in the 1970s. This tort was named as the wrongful birth and wrongful life. As at now, various prenatal tests such as ultra sound and Down syndrome enable early detection of congenital ailments and disorders. This development therefore enables parents to undergo tests that determine if they are carriers of hereditary diseases that may affect the developments of their infants. For example, since the development of medical technology, women who suffered from German measles in their first twenty-eight weeks of their pregnancy were known to bear children with defects. Developments of these medical techniques deduce the likelihood of wrong and incompetent application. For example, if German measles is misdiagnosed and such testing yield false results, prospective parents who are in such a risky situation may not be warned. As such, they might not receive the warranted counseling to undergo such tests. While such negligence occurs, the possibility of giving birth to a defective child is very high. This...
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...This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In 1994, a Dutch girl named Kelly Molenaar was also born severely handicapped. By the time she was two-and-half-years old she was diagnosed as being retarded, autistic, not fully grown, not able to walk or talk, suffering from heart disease, bad hearing and poor eyesight and she was not able, at that time, to recognize her parents. She had been admitted to hospital on nine occasions due to continuous crying, believed to be caused by pain.2 Comparable stories about severely handicapped children can be found in several other countries as well. Both Brian and Kelly were not supposed to have been born in the sense that their mothers would have chosen for an abortion had they known in time about the birth defects their children would suffer. Brian’s mother would have undergone a termination of her pregnancy had the obstetrician and gynaecologist she consulted detected any abnormalities in the foetus and advised her thereof. Kelly’s mother had asked the obstetrician she consulted to carry out some...
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...117–148. Printed in the United States of America Copyright © Cambridge University Press 1352–3252/99 $9.50 SEANA VALENTINE SHIFFRIN Wrongful Life WRONGFUL LIFE, PROCREATIVE RESPONSIBILITY, AND THE SIGNIFICANCE OF HARM Seana Valentine Shiffrin University of California at Los Angeles I. A wrongful life suit is an unusual civil suit brought by a child (typically a congenitally disabled child)1 who seeks damages for burdens he suffers that result from his creation. Typically, the child charges that he has been born into an unwanted or miserable life.2 These suits offer the prospect of financial relief for some disabled or neglected children and have some theoretical advantages over alternative causes of action.3 But they have had 1. In these cases, the disability is not usually caused by events after conception, such as prenatal damage. Rather, the disability, the underlying genetic condition, or the relevant circumstances of conception are essentially linked to the child’s identity or existence. So, he must claim that his life was wrongfully caused, not only his disability. Jeff McMahan argues that some significant prenatal damage, occurring early in pregnancy, may affect the identity of the child. If he is correct, then such cases should be classified with the cases typically associated with wrongful life litigation. Jeff McMahan, Wrongful Life: Paradoxes in the Morality of Causing People to Exist, in RATIONAL COMMITMENT AND SOCIAL JUSTICE: ESSAYS FOR GREGORY KAVKA 208–47...
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...INTERMEDIATE CHRM/CLDM ASSESSMENT Resource And Talent Planning (5RTP)5RTP_I05001V10 - Optional Unit Assessments - Version 3 Sept 2012Student name: | | CRITERIA | PASS/REFER | COMMENTS | LO2: Be able to undertake core talent planning activities | * Describe the principles of effective workforce planning and tools used to carry it out. | | | * Develop basic succession and career development plans | | | * Contribute to plans for downsizing an organisation. | | | LO5: Understand how to maximise employee retention. | * Explain the costs associated with dysfunctional employee turnover and ways of calculating them. | | | * Examine why people choose to leave or remain employed by organisations. | | | * Assess the strengths and weaknesses of different approaches to the retention of talent. | | | LO6: Know how to manage dismissal, redundancy, and retirement effectively and lawfully. | * Explain the main legal requirements in relation to dismissal, retirement, and redundancy. | | | * Advise organisations on good practice in the management of dismissals, retirements, and redundancies. | | | ASSESSMENT OUTCOME | PASS/REFER | | Students should please note that the above Assessment Outcome for this Unit is provisional and is subject to Internal EHWLC verification (IV) and external CIPD Verification (EV). Tutor: Date: Tutor’s signature: Title of report: Resource and Talent Planning Contents...
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...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...1895 a company once incorporated becomes an independent entity free from its shareholder. A company can own property transact its own business and own property in its own name. Once established, company shareholders have limited liability to the extent of their shareholding. The responsibilities of a company are carried out by its board of directors. The board is mandated to carry out the transactions of the company while observing due care and diligence. In the event of insolvency, directors are required to take all the necessary steps towards protecting the assets of the company. At this juncture, they have a fiduciary responsibility to the creditors of the company. A director will be held personally liable in the event of fraudulent and wrongful trading by the directors. A director who has self interest or biased towards particular creditors may be liable for damages incase the company is wound up. Introduction Facts and Issues from the Story Dart Limited (“company”) a company listed in the Australian security exchange was performing well till the y mid 2007, where it incurred a substantial debt to various banks. To reduce the debt, the company began selling assets. From early 2008, the expenses of the company exceeded the available recurrent income. The monthly interest payable to the banks was running at about $1 million, or $12 million per year, and corporate overheads (such as rent) totaled about $500,000 per year. Predicted cash receipts from the company’s only ongoing...
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...Final Project Name: Zeeshan mushtaq Roll number: 18-10638 Should Death Penalty Is Compulsory For The People Who Kills Other People? Death penalty is a very contradictive topic and has received tremendous support to abolish it. Society considers death penalty to be very unethical and barbaric. Death penalty is basically a legal process in which the criminal is executed for committing serious crimes such as murder, rape or human trafficking. Death penalty is the most debatable issue in the world. There are also some people who think that death penalty should be legalized in order to provide justice to the people. However I personally disagree that death penalty can put to end to a crime, nor can it help promote social security; but instead it is just a form of inhumane act which is immortal and it promotes violence and risks the innocent lives. The proponents of this argument believe that death penalty is morally right and fair because when one life is taken, one life must be paid in return. This is a complete mistake in mortality. The fact is that every form of killing, even through death penalty, is obviously wrong because it does not make us moral by killing a killer. The question most people ask is that if the first killing is wrong then why do we allow the second killing? The former U.S president Jimmy Carter also stated that the process of death penalty is broken and cannot be repaired and now it should be the time to seek a better way and more moral substitution...
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...1. How does the company’s organizational culture appear to conflict with its ethical policies? The company’s ethical policies include integrity and confidentiality and the organizational culture is one of disrespect and lacks the values of the company’s ethics policy. Sarah called the ethics hotline to report other salespeople making promises and guarantees that weren’t going to be fulfilled and she asked that her name remain confidential. Management was using reward power to get salespeople to increase their sales. ““Carrot dangling” and incentives have been shown to be effective in getting people to change their behavior in the long run. Therefore, rewards could encourage individuals to act in the own self-interest, not necessarily in the interest of stakeholders.” When Jim asked his manager about the report Sarah made he found out her sales manager had been told who reported it; violation of confidentiality. Her manager claims he fired her for “poor performance” 2 weeks after learning about the report. Since her manager knew about the report and who filed it, it could be construed as retaliation even if she really was let go for poor performance. The company has no integrity because David defended the manager’s abusive behavior with employees by stating, ““You’ve got to understand, Jim.” David explained. “We operate in a highly competitive field. Employees have to work quickly and efficiently in order to maintain our business. This often requires supervisors to get tough...
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...1. Outline the role of an administrator appointed to a company which is insolvent. Once an administrator is appointed, what roles do the directors of the company have? If a company is insolvent, the directors can get themselves into serious trouble with the Law if they allow the company to continue to trade. According to s. 436A of the Act, directors are expected to appoint a voluntary administrator to the company even before it becomes insolvent: (1) A company may, by writing, appoint an administrator of the company if the board has resolved to the effect that: (a) in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and (b) an administrator of the company should be appointed. Section 437A(1) spells out the role of an administrator: (1) While a company is under administration, the administrator: (a) has control of the company’s business, property and affairs; and (b) may carry on that business and manage that property and those affairs; and (c) may terminate or dispose of all or part of that business, and may dispose of any of that property; and (d) may perform any function, and exercise any power, that the company or any of its officers could perform or exercise if the company were not under administration. According to ASIC’s website and s. 438A of the Act, the administrator, after taking control of the company, must investigate and report to creditors information as to the company’s business...
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...TO: Senior Lawyer FROM: Manisha Punnia (First year associate) DATE: May 31, 2007 FILE: Wrongful Dismissal case of Bilbo Baggins vs. Orc. Industries Corp. In this suit the plaintiff, Bilbo Baggins, is suing his previous employer Orc Industries Corp., the defendant, for wrongful dismissal. Orc Industries Corp., fired the plaintiff after 5 months of employment with the company, on the grounds of, “dishonesty and coming to work drunk.” The plaintiff was fired early May of 2007 with just cause yet no evidence in support of their allegations. After reviewing the facts it is evident that wrongful dismissal has occurred seeing as the plaintiff has been terminated without a clear period of notice or severance pay. The plaintiff would like to file for a suit of wrongful dismissal against the defendant to get compensation for his lost wages, and damages to his reputation in the industry after having such harsh allegations made against him by one of the largest industrial manufacturers in the industry....
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...was difficult because it involved the decision to start this process instead of putting it off. The stay at the hospital was taxing because the IVs caused numerous bathroom breaks and the side effects of the medication caused tremors. Not to mention that the sleeping arrangements were not very comfortable. Even less so with a pregnant belly I presume. While these discomforts lasted the entire stay, when the actual birthing process started things started to get really hairy. Thankfully, my wife is tough. Combined with the medicine, the contractions were more uncomfortable than painful. Added to that was the modesty, or lack thereof. It made things embarrassing for her. The worst part of this entire process, though, is the actual birth. It was done surgically and, in short, my wife almost died on the operating table. Things worked out in the end, though. Major crisis averted. After that, things started getting better. The new baby made all the pains and discomforts disappear, but added stress and more sleepless nights; which, at that point, were overshadowed by the joy and happiness of a newborn. In the end, everything worked out and the both of us came out of the hospital invigorated and ready to start our new life with this new addition. This four day period was the most painful, tiring, difficult, and joyous time of both of our lives and required perseverance and determination to get through....
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...ongoing power struggle between politicians and women for a long amount of time. This struggle hit its first milestone in 1916 and is still present in today’s society. The timeline above shows many of the milestones that allow women the choice to have an abortion if they chose to receive one in terms of pro-choice or pro-life. In 1916 Margaret Sanger opened the first birth control clinic. Her clinic only lasted 10 days as she was arrested for such an act at this time. She gained so much support that a few years later in 1923 she opened another clinic. Before Sanger opened her next clinic she founded the American Birth Control League which became Planned Parenthood Federation of American in 1942. Margaret Sanger started the fight for women’s right to birth control. Due to the battles that Sanger won, in 1936, birth control information, by law, was not considered obscene and was able to be shared through the mail. This would be impossible if the public was supporting birth control. It took 24 years after the start of the movement for the government to act. In 1960 the Federal Drug Administration finally approved birth control as safe and can be used by any woman, victory! (Imbornoni, 2007). The Next step in this fight for women involves three Supreme Court cases over 27 years starting in 1965 with Griswold v. Connecticut. In this case the final remaining state changed their law to finally allow the use of contraceptives by married couples. The next case is the most important...
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...Rabbits Rabbits by Dorothy Nimmo 1. Summary: The story is about two sisters, who had been giving a nice china rabbit each by their uncle. They’re having a tea party in the garden and it is all very idyllic. But the oldest girl is very manipulating, and manipulates her little sister, to give her the rabbit her little sister had been giving. Then the older sister decides that she wants her own rabbit back, and she gets it her way. 2. Characterize the two sisters: Kate: Kate is described, from a small girl’s point of view, as a brave, intellectual, talkative, naughty and pretty girl. I will say, that Kate is about eight or nine years old. She is very aware of herself and very manipulative against her little sister Ellen. She is probably a bully, because she seems to enjoy nagging on Ellen. She calls Ellen fat, because she is eating redcurrants and threatens to tell their mother. Kate has a great power over Ellen, and is abusing it for her own amusement. Ellen: Ellen is two years younger than Kate. Six or seven years old, is my guess. She is very cautious, a fusspot if you may. She is described as a clumsy girl who always fall over her own feet, and is all covered up with plasters. She looks up to her big sister Kate, and sees her as an idol. Ellen is imitating her big sister, and does as Kate says. Kate asks Ellen, to go to the shed and get a brush, and Ellen just goes down the path to the shed, without protesting. 3. Comment on Kate’s way to manipulate: ...
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...The Effects of Birth Control on Women’s Lives On May 9, 1960, the Food and Drug Administration approved a drug that would revolutionize women’s lives. The life changing drug was an oral contraceptive, commonly known as “the Pill,” that would prevent pregnancy if taken correctly. Several other birth-control methods have been developed in the past ten years that are just as effective. Birth control has had effects on women’s mental, physical and social lives since its debut in the United States fifty years ago. One of the most researched drugs is the birth control pill. A great deal of information has arisen to improve the drug but there is one aspect that has not been studied as thoroughly, its effect on mood. The least publicized mental effect of the pill is that many women developed depression, until recently. There has not been any direct proof to back up the statement that hormonal contraceptives are the cause. Enovid, the first birth control on the market in the 1960’s, acknowledged in their packaging that there were cases where psychic depression occurred, but also declared that the relationship between the two were not clear. This is the only identified mental side effect that is thought to be associated with birth control. There are several physical effects that birth control has on women’s lives. The medical side-effects are commonly known because of commercials. These side effects include nausea, headaches and possible blood clots. The pill...
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