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Full-Text Articles in Medical Jurisprudence
Foreseeability Decoded, Meiring De Villiers
Foreseeability Decoded, Meiring De Villiers
Meiring de Villiers
The Article reviews the conceptual and doctrinal roles of the foreseeability doctrine in negligence law, and analyzes its application in cases where a new technology or unexplored scientific principle contributed to a plaintiff’s harm. It adopts the common law definition of foreseeability as a systematic relationship between a defendant’s wrongdoing and the plaintiff’s harm, and demonstrates translation of the concept into the language of science so that the common law meaning of the foreseeability doctrine is preserved. An analysis of the foreseeability of HIV/AIDS as a blood-borne risk illustrates application of the concept to contemporary issues in medical science.
From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra
From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra
Maurya Vijay Chandra
"Sir, I have the keys of the shop I .....ork in. Please let me ring up the owner and inform him that he should take the keys from here:' But Narender's repeated plea fell on deaf ears of the policemen in the Civil Lines Police Station. Instead of allowing him his right to contact a friend/relative, so boldly painted in every police station, the police personnel simply denied Narender possessed anything but a 10" knife. The "right" which Narender was denied are painted in white over blue in every Police Station. Now Aren't blue and white both very passive colours? …