Sale of Sperm, Health Records, Minimally Conscious States, and Duties of Candour
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Contracts for the Sale of Sperm and the Assessment of Damages for Breach: St George Fertility Centre Pty Ltd v Clark  NSWSC 1276
In previous columns we have discussed the introduction of property rights in disputes over human tissue (Madden and Cockburn 2011; Stewart 2009). One of the major issues that arises from the recognition of property rights relates to how the law should respond to contracts concerning the sale of human tissue. This was recently discussed in St George Fertility Centre Pty Ltd v Clark  NSWSC 1276, where the court adopted a classic approach of sale of goods.
The case was concerned with the purchase of frozen sperm by Dr. Clark from the St. George Fertility Clinic (St. George) for use in her own fertility practice, known as Fertility First. The Supreme Court had found, amongst other things, that the contract had been breached because St. George Fertility Clinic had failed to identify donors of sperm in compliance with the Australian Code of Practice for A
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- Sale of Sperm, Health Records, Minimally Conscious States, and Duties of Candour
Journal of Bioethical Inquiry
Volume 9, Issue 1 , pp 7-14
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Author Affiliations
- 1. Centre for Health Governance, Law and Ethics, Sydney Law School, University of Sydney, Sydney, NSW, Australia, 2006
- 2. Law School, University of Adelaide, Adelaide, SA, Australia, 5005
- 3. Centre for Ethics in Medicine, University of Bristol, Bristol, BS8 1TH, UK
- 4. School of Law, University of Western Sydney, Sydney, NSW, Australia
- 5. School of Law, Queensland University of Technology, Brisbane, QLD, Australia