ABSTRACT

It was suggested in the previous chapters that the remedial difficulties faced by a litigant complaining of interference with his or her body part or that of a deceased relative justify the recognition of a limited property interest in the human body. This chapter, therefore, proposes to consider both property and non-property remedies available to a potential plaintiff, with a view to highlighting their comparative advantages and weaknesses. These remedies include liability for nervous shock or psychiatric injury, privacy, human right or constitutional law remedies, consent and informed consent, unjust enrichment and conversion. The remedies are not, however, mutually exclusive and a plaintiff is strongly advised to pursue the whole range of remedies available to him or her, both proprietary and non-proprietary.