Dear Colleagues;
At Jason's suggestion I am advising of a piece of legal history unearthed by a student of mine who is writing an Honours dissertation on pre-natal torts (ie the question whether a child, once born, has a tort action in relation to harm caused to the child while
in utero.) One of the key Commonwealth decisions on the area is that of the Supreme Court of Victoria in
Watt v Rama [1972] VR 353. That court, however, relied on other decisions from around the Commonwealth, and in particular referred to the decision of the Supreme Court of Canada in
Montreal Tramways Co. v. Léveillé [1933] S.C.R. 456, 41 C.R.C. 291, [1933] 4 D.L.R. 337 (see p 357 of the Victorian decision for the citation.) The VSC cited, not just the English judgment in Montreal Tramways, but also the judgment of Cannon J which was entirely in French. They gave a brief summary of the judgment, which they said was based on a translation of the passage into English which had been agreed on by the parties. My student then decided to write to the Supreme Court of Victoria on the "off-chance" that they had something there, and lo and behold the Supreme Court librarian wrote back almost immediately to say that in the back of the relevant volume of the DLR's in the Library there he had found the whole translation! Those (like me) whose French is lacking or non-existent may find the paper of interest. With kind permission from the Supreme Court Library, I have uploaded a pdf of the translation to my own website, and it can be viewed at
http://works.bepress.com/neil_foster/44/ .
Neil Foster,
Senior Lecturer,
Deputy Head of School & LLB Program Convenor,
Newcastle Law School,
Faculty of Business & Law.
MC158, McMullin Building,
University of Newcastle, Callaghan NSW 2308 AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931