Date: Tue, 22 Nov 2005 10:44:30 +0100

From: John Murphy

Subject: Maternal Tort Liability Act --- John Murphy

Dear all,

I'm not sure analogy with the CD(CL)A 1976 is.

The Canadian approach refers to "injuries" (from which, presumably, there may be a full recovery); whereas the English Act refers only to "disabilities" (from which, arguably, a recovery is not possible).

(Bear in mind that the English Act was promoted shortly after the horrors of thalidomide had revealed themselves. This, I believe, give us a clue as to what is meant by "disabilities".)

If I'm right, then maternal tort liability in Canada would be potentially a deal wider.

John Murphy
Manchester University

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