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Law · Q748

Law Of Torts

Graduate and Post Graduate · Law · question 748

Q748

A lady died at the time of the birth of her child. She was attended to by an unqualified midwife on her own request at the time of the delivery. An action for damages was brought by her husband. In this case:

A.
No damages are payable as the deceased lady voluntarily engaged the midwife
Answer
B.
Damages are payable to the husband as his consent was not taken
C.
No damages are payable as the unqualified midwife can be criminally tried
D.
Damages are payable as the consent of the deceased was irrelevant

Answer: Option A

Solution

Answer: Option A
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