Edouard v. Administrator, Natal, 22 November 1988.
The plaintiff husband sued the defendant health authority for breach of contract.  The defendant had entered into a contract with the plaintiff's wife to sterilize her so that the couple would not have a child that they could not support.  Despite the operation, the wife gave birth a year later.  The Supreme Court of South Africa allowed recovery of damages for the cost of maintaining and supporting the child but not for the discomfort, pain and suffering, and loss of amenities of life suffered by the wife.  It suggested that, if there is a need for recovery of such damages, they should be recovered under a tort theory rather than breach of contract.
D000349:Africa; D017954:Africa South of the Sahara; D000353:Africa, Southern; D001519:Behavior; D002654:Child Care; D002668:Child Rearing; D003710:Demography; D003906:Developing Countries; D005193:Family Planning Services; D005298:Fertility; D007603:Jurisprudence; D011153:Population; D011157:Population Dynamics; D011275:Pregnancy, Unwanted; D012725:Sexual Behavior; D013019:South Africa; D013245:Sterilization, Reproductive
Africa; Africa South Of The Sahara; Behavior; Child Rearing; Child Support--cost; Court Decision; Demographic Factors; Developing Countries; English Speaking Africa; Family Planning; Fertility; Medical Liability; Population; Population Dynamics; Pregnancy, Unwanted--legal aspects; Reproductive Behavior; South Africa; Southern Africa; Sterilization, Sexual--legal aspects