[Download] "Harriton V. Stephens, Waller V. James: Wrongful Life and the Logic of Non-Existence (Australia)" by Melbourne University Law Review * Book PDF Kindle ePub Free

eBook details

Title: Harriton V. Stephens, Waller V. James: Wrongful Life and the Logic of Non-Existence (Australia)
Author : Melbourne University Law Review
Release Date : January 01, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 338 KB

Description

[In Harriton and Waller, the High Court considered for the first time whether 'wrongful life' constitutes a valid cause of action in Australia. The Court held it does not, first because establishing damage in wrongful life cases would require an impossible comparison between existence and non-existence, and second because the recognition of wrongful life actions would be contrary to sound legal policy. This case note argues that these conclusions were unjustified. The 'impossible comparison' argument ignores the comparisons between existence and non-existence routinely made in other contexts, while the policy concerns prove to be groundless on critical examination. The Court's refusal to recognise wrongful life actions was flawed as a matter of principle, policy, and justice.] I INTRODUCTION