Question
Please answer the following questions in relation to the following case Goodwill v British Pregnancy Advisory Service [1996] 2 All ER 161 ; (6) Who
Please answer the following questions in relation to the following case Goodwill v British Pregnancy Advisory Service [1996] 2 All ER 161;
(6) Who won the appeal case and what were the reasons given for the decision?
(7) Dr Dalton, of Well People Clinic, Hampshire, is being sued for damages by two former patients. Applying the principles in Goodwill, explain whether or not you think the following claims are likely to be successful.
(a)Mrs Kapoor has two children. She had been advised that further pregnancies might be detrimental to her health, so Mr Kapoor had a vasectomy at the clinic. Mr and Mrs Kapoor attended all of the appointments together. Following the surgery, they were told that they no longer needed to use contraception. Six months later Mr and Mrs Kapoor separated. Not long after the separation, Mrs Kapoor found out that she was pregnant. She is now suing Dr Dalton for damages.
(b)Penny has never wanted children and so underwent a sterilisation procedure at the clinic. She was told that she no longer needed to use contraception to prevent pregnancy. 18 months later she had a brief relationship with Leonard, whom she told about the sterilisation. Penny became pregnant, but no longer wished to be in a relationship with Leonard. Leonard is suing the clinic for damages because he is unhappy about having to pay child support to Penny.
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