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Offsetting damages in wrongful conception and birth cases: a way through the post-McFarlane mire

Abstract:

The House of Lords’ refusal to award damages for the cost of raising children born as a result of negligence has rightly been subject to substantial criticism. Much of this has focused on the handling of the economic loss aspects of such claims, and on the problematic moral arguments raised in support of this refusal. While these are legitimate criticisms, there are further problems with the approach of the courts to maintenance costs that have not been fully examined. In both 'McFarlane v Ta...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author
Publisher:
Sweet and Maxwell Publisher's website
Journal:
Law Quarterly Review Journal website
Volume:
138
Pages:
407-431
Publication date:
2022-07-14
Acceptance date:
2021-09-20
DOI:
ISSN:
0023-933X
Language:
English
Keywords:
Pubs id:
1194206
Local pid:
pubs:1194206
Deposit date:
2021-09-20

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