英语翻译[10] This is a case which is readily susceptible of appr

英语翻译
[10] This is a case which is readily susceptible of appropriate determination consistently with the fundamental principles established by the House of Lords,as long ago as 1932,in Donoghue v Stevenson (1932) AC 562,and proceeding incrementally as discussed in the High Court in,for example,Perre v Apand Pty Ltd supra,p 217.
[11] Foreseeability being clear and the standard of care for motorists so well defined,and the respondent having an established cause of action against a driver in this situation had the driver not been her mother,it would in policy terms be insupportable were the court not now to "extend" the field of liability to confirm this potential liability of mother to child.The desirability of that extension is so plain that the court should not hesitate to effect it.It is not a matter which need be left to the parliament.
[12] The justifiability of this approach becomes compellingly evident through the realization that to the determination of the issue,the appellant's being the mother of the foetus was really incidental:the driver owes a duty of care to others within the vehicle,including any foetus within a passenger - that the foetus is within the driver herself is only incidentally relevant.
[13] It should be clearly expressed that this determination of the appeal says nothing in relation to the many complex social considerations raised in argument before us,and many of which moved the Supreme Court of Canada in dealing with the broader question it framed:such questions as whether a mother's smoking or consuming excessive amounts of alcohol during pregnancy,or engaging in other dangerous activity and the like,could give rise to a claim by an infant born exhibiting adverse consequent effects.
[14] I would dismiss the appeal,with costs to be assessed.
[15] McPHERSON JA:I agree.It is not the appellant's conduct as a mother,but as a driver,that the plaintiff is complaining about and that is the subject of the proceedings,which he has brought against her.The appeal should be dismissed with costs.
[16] ATKINSON J:For the reasons given by the Chief Justice,I agree that the appeal should be dismissed with costs.