The Court recognized that a pregnant woman has a right to do any number of things that may affect her unborn fetus, and that recognizing her legal duty of care in negligence to her unborn child would «present an almost
unlimited number of circumstances that would likely give rise to litigation.»
In the first there judges have
unlimited discretion (Matrimonial Causes Act 1973, s 25: «all the
circumstances of the case» and a checklist (s 25 (2)-RRB-; though in practice they tend to be guided by a small
number of significant earlier decisions.