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A critical analysis of wrongful life claims in South Africa
Dissertation (LLM (Private Law))--University of Pretoria, 2019.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2026
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| _version_ | 1867613481688104961 |
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| access_status_str | Open Access |
| author2 | Buchner-Eveleigh, Mariana |
| author_browse | Buchner-Eveleigh, Mariana |
| author_facet | Buchner-Eveleigh, Mariana |
| collection | Thesis |
| dc_rights_str_mv | © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Private Law))--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/110469 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:50.456Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/110469 A critical analysis of wrongful life claims in South Africa Buchner-Eveleigh, Mariana u12051285@tuks.co.za Cooper, Ronley C. UCTD Sustainable Development Goals (SDGs) Wrongful life claiming Law of delicit Boni Mores Wrongful Pregnancy Wrongful Birth Dissertation (LLM (Private Law))--University of Pretoria, 2019. With the Constitution as the supreme law of South Africa and the first ever Bill of Rights in the Republic, South African law is in the process of being developed to be in accordance with the spirit, purport and objects of the Bill of Rights. This begs the question whether the wrongful life claim can be recognised within the new democratic dispensation of South Africa. Previously, South African courts have failed to recognise the child-plaintiff’s claim as it is contra bonos mores1 and does not provide a cause of action. However, this research aims to prove that the South African legal framework is capable of recognising the wrongful life claim. In order to do so it is important to consider the common law, more specifically the law of delict, and whether it can be developed to recognise the child’s claim. Most importantly, the element of wrongfulness must be examined and whether the boni mores2 have developed to recognise the child’s claim. Post-Constitutional legislation supports the notion that the boni mores have developed as the Children’s Act3 recognises the rights of children and that their interests are of paramount importance. Also, the Choice on Termination of Pregnancy Act4 provides women with a choice when it comes to reproduction and whether to terminate the pregnancy. This provides a basis for the wrongful life claim and illustrates the change in the community’s legal convictions. Furthermore, in a new Constitutional dispensation, international law plays a role in the recognition of children’s rights within a jurisdiction and imposes obligations on State Parties. These conventions have been examined and it has been determined that they correlate with the child’s claim and support its recognition Private Law LLM( Private Law) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2026-06-08T09:42:24Z 2026-06-08T09:42:24Z 2019-04 2019-02 Dissertation * A2019 http://hdl.handle.net/2263/110469 N/A en © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Wrongful life claiming Law of delicit Boni Mores Wrongful Pregnancy Wrongful Birth A critical analysis of wrongful life claims in South Africa |
| title | A critical analysis of wrongful life claims in South Africa |
| title_full | A critical analysis of wrongful life claims in South Africa |
| title_fullStr | A critical analysis of wrongful life claims in South Africa |
| title_full_unstemmed | A critical analysis of wrongful life claims in South Africa |
| title_short | A critical analysis of wrongful life claims in South Africa |
| title_sort | critical analysis of wrongful life claims in south africa |
| topic | UCTD Sustainable Development Goals (SDGs) Wrongful life claiming Law of delicit Boni Mores Wrongful Pregnancy Wrongful Birth |
| url | http://hdl.handle.net/2263/110469 |