Schoenebeck v Hopprich (CS 350/1997) [2001] SCSC 23 (2 November 2001)

Schoenebeck v Hopprich (CS 350/1997) [2001] SCSC 23 (2 November 2001)

The agreement signed by both parties, including the waiver of claims and the circumstances of intercourse, negates any deceitful conduct by the defendant. The plaintiff, as a medical professional, voluntarily assumed the risk of pregnancy and cannot maintain an action in delict. The action is dismissed with costs.

Citation
[2001] SCSC 23
Parties
Plaintiff: Dr Jost V Schoenebeck; Defendant: Ms Claunada Estico (Hopprich)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 November 2001
Case Number
CS 350/1997
Procedural Posture
Delictual Action / Judgment
Outcome
action dismissed with costs
Legal Topics
Deceit, Misrepresentation, Waiver of Rights, Public Policy, Maintenance, Paternity
Source Language
English
Tort Law Contract Law Deceit Misrepresentation Waiver of Rights Public Policy Maintenance Paternity

Case Brief

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Parties

Dr Jost V Schoenebeck

Plaintiff

Ms Claunada Estico (Hopprich)

Defendant

Procedural Posture

Delictual Action / Judgment

Legal Issues

  1. 1 Whether the defendant intentionally deceived the plaintiff into unprotected sexual intercourse by misrepresenting contraceptive use
  2. 2 Whether the agreement waiving claims in the event of pregnancy precludes a delictual claim by the plaintiff
  3. 3 Whether public policy allows exclusion of liability for intentional or grossly negligent harm

Ratio Decidendi

The agreement signed by both parties, including the waiver of claims and the circumstances of intercourse, negates any deceitful conduct by the defendant. The plaintiff, as a medical professional, voluntarily assumed the risk of pregnancy and cannot maintain an action in delict. The action is dismissed with costs.

Court Disposition

action dismissed with costs

Orders

  • Plaintiff's action is dismissed with costs.