The law has historically refused to say that anyone who owns that body. If you can own your body you can sell it, treats including the sale of organs, prostitution or sell yourself into slavery market. This also means you can choose whether to destroy it, but until 1961 was a crime. This was obviously more important to prosecute those who plan or promote suicide, which is still illegal, or attempted suicide, in order to attempt to prosecute people who succeed in killing themselves!
However, this rule was tested changes in medicine means now that we might want to be reliable to say that former parts of our body is our "property". Claimants in Yearworth HAD deposited sperm samples with a clinic before undergoing chemotherapy for cancer, it has been said can make treatment of infertility. He said that the hospital does not store the samples with adequate care and damaged them, men in the case of psychological injury suffered when they discovered she now could not have children. The problem was that the sperm that was no longer part of their bodies and cannot be sued for personal injury, but the law does not entail staff called body fluids causes established in September. From above.
However, the Court chose the Vice President sampled was personal property because of rule that men more than that-they can decide what to do about it, although some Restrictions in September by the Association of human fertility and embryo Act 1990, and so it was with most of the hallmarks of ownership. Claimants can therefore claim for psychiatric damage caused by negligent damage of property.
This case seems to be the right decision on the facts, but it opens up the whole area of the law which was normally closed tightly. Can you think of such issues where we may be less comfortable with this result? And how should the courts decide where to draw the line? Is your property if your kidneys were donated to a friend, And doctors and damage you suffer mental distress because your friend can have a transplant? What if you change your mind about your friend's rescue and Prep decides to sell it? What is the difference?
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