Status of The Claimant
The status of the claimant in an act of negligence can result in a duty of care arising where it would not normally – as is the case with rescuers – or prevent a duty of care existing altogether. Claims that a doctor may owe a mother a duty of care to advise against child birth, and claims that police may owe an individual involved in criminal behavior a duty of care, have been barred. In McKay v Essex Area Health Authority, a child's claim that a doctor should have advised his mother to seek an abortion was struck out; Whilst the Congenital Disabilities (Civil Liability) Act allows a course of action where negligence is the cause of a disability, wrongful life has remained barred for policy reasons. Similarly, where a criminal attempted to escape police capture in Vellino v Chief Constable of the Greater Manchester Police, his claim that they owed him a duty of care not to let him escape after they had arrested him was branded 'absurd'.
Read more about this topic: Duty Of Care In English Law
Other articles related to "status of the claimant":
... Assuming the rescuer not to have acted unreasonably, therefore, it seems to me that he must normally belong to the class of persons who ought to be within the contemplation of the wrongdoer as being closely and directly affected by the latter's act ... The duty of care owed to a rescuer is separate from that owed to those he is rescuing ...
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“The censorship method ... is that of handing the job over to some frail and erring mortal man, and making him omnipotent on the assumption that his official status will make him infallible and omniscient.”
—George Bernard Shaw (18561950)