Cases

Question 1

Shaheen v Knight

Answer 1

(1957) Shaheen sued Dr Knight when his wife became pregnant after Shaheen had a vasectomy. Ct held that the damages asked for by Shaheen (to require the Dr to pay the additional expenses of supporting, educating and maintaining the child until the child’s maturity) while Shaheen had the fun, joy & affection of having the child were against public policy. Dismissed on 12(b)(6) - failure to state a claim upon which relief can be granted.

Question 2

In re Baby M

Answer 2

(1987) Surrogacy contract where the Sterns used Mr Sterns sperm to artificially inseminate Whitehead. K said after birth Whitehead was to do whatever necessary terminate her parental rights. Paid $10k. Sterns sued for Sp P. Ct held that K was unenforceable b/c a K requiring a biological mother to terminate her parental rights for money and without adherence to the state’s adoption statutes was illegal and in direct conflict with the public policies of the state.

Question 3

Rule from Baby M case

Answer 3

An agreement is void if:

1) a statute provides that it is unenforceable
2) a performance would violate a statute
3) the interest in enforcement is clearly outweighed by public policy against enforcement

Question 4

Johnson v Calvert

Answer 4

(1993) Surrogacy K from CA where Calverts

Question 5

Hawkins v McGee

Answer 5

c

Question 6

Hooker v Roberts Cabinet

Answer 6

j

Question 7

Tongish v Thomas

Answer 7

n

Question 8

Hadley v Baxendale

Answer 8

n

Question 9

Nurse v McGee

Answer 9

n

Question 10

Sullivan v O’Connor

Answer 10

n