The Possibility of Compensation for Damages in Cases of Wrongful Conception, Wrongful Birth and Wrongful Life. An Estonian Perspective

Abstract

Abstract While case law in cases of wrongful conception, wrongful birth and wrongful life is completely missing in Estonia, this article is aimed at providing possible solutions under Estonian law to some of the legally complex problems that these cases contain. Through the analysis of Estonian, German and u.s. legal literature and case law, the article is mainly focused on proposing some solutions to the legal problems concerning compensable damage, but also explains the Estonian legal framework of the contractual and delictual basis for compensation for the damages. The application of several grounds for the possibility of limiting the compensation in the afore-mentioned cases are analysed.