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March 7, 2013

Melchior V Cattanach

The decisions implement for the majority of components subjected in the case are generally based on adopted precedent principles dating behind to the Donoghue v Stevenson (1932) case which introduced the neighbour theory. More notably, principles gathered from Rogers v Whitikar (1992) directly appealed to the stimulus case as there was an indebtedness on the doctor to make sure that the patient tacit the treatment that the doctor was going to perform. Precedent, in time did not retain ideologies relating to damages amounting to the cost of raising a child and wherefore is inadequate for this case.
The Queensland Parliament has now recently amended the polished liability act 2003 (QLD) with the addition of department 49A. Under the act, a court cannot award money damages in such procedures for the cost ordinarily associated with raising or maintaining a child. If the identical case was to appear in court at this fork over stage, sections from the civil liability act would coincide with all the confused(a) components of the case and therefore laws are adequate.
The exception to this
implemented from the Rogers v Whitikar (1992) case whereby the high court widened the duty of care to hold a duty to warn patients of material risks of the treatment.

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at the m (2001) coincided with the various sections from the Queensland civil liability act 2003. This is established through and through how costs associated with pregnancy fell under section ranting blah. Also how the loss off consortium suffered by the husband fell under Chapter 3 Part 5 section 58. The damages incurred from the cost of raising a child however did not correspond to the act nor any recognisable priority and therefore a high court decision was required.
The laws implemented for the majority of components subjected in the case at the time (2001) coincided with the various sections from the Queensland civil liability act 2003. This is established through how costs associated with pregnancy fell under section blah...If you want to nark a full essay, order it on our website: Orderessay



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