Thake v. Maurice concerned the birth of a sixth, healthy child, following a failed vasectomy. At trial, Pain J. found that all the intangible burdens and benefits ended up cancelling each other out and therefore refused to award damages for the pain and suffering associated with pregnancy, labour and delivery. However, he awarded damages for the modest costs of the child’s birth and upkeep. On appeal, the court restored damages for pain and suffering and held that the joys of a healthy child should be offset against the time, trouble and care involved in her upbringing, for which no claim had been made in that case: The joy of parents at the birth of a healthy child, though with the consequent time and trouble which needs to be devoted to its upbringing, are both virtually impossible to assess in terms of money. It is therefore right that in law they should be treated as cancelling each other out. [Per Kerr L.J. at 509.]
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