Exploring Surrogacy, Negligence, and Pregnancy Fairness Act in Law

This business law assignment delves into several key legal areas. It begins with an analysis of surrogacy law in New York, highlighting its stance against surrogacy agreements and potential penalties. The assignment then examines negligence standards, particularly New York's comparative negligence rule, contrasting it with contributory negligence. Finally, it discusses the Pregnancy Fairness Act, its aim to protect pregnant workers by ensuring reasonable accommodations and safe working conditions, addressing previous shortcomings in pregnancy discrimination cases. The assignment also includes multiple-choice questions related to legal principles. This student-contributed document is available on Desklib, a platform offering a wide range of study resources for students.

BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the Student:
Name of the University:
Author Note:

1BUSINESS LAW ASSIGNMENT
Part One: Essays
a) Surrogacy Law in New York
Surrogacy agreements are considered to be against the public policy in New York in
any of its forms.
By virtue of re baby M’s case, surrogacy agreements are considered void and it does
not create any legal rights in New York. Any person involved in surrogacy being the
proposed parents or the surrogate will attract a penalty of $500 and any person assisting
in the process of surrogacy will be penalised with a fine up to $10,000 and any fees paid
in this furtherance will be forfeited. Any person, other than the parents and surrogate,
found to have assisted in surrogacy for the second time will attract felony charges.
The Child-Parent Security Act of 2017 bill if passed may lift a 26-year old ban on
surrogacy. However, it might only legalise the gestational surrogacy as it does not cover
the traditional surrogacy.
b) Negligence standard
In most of the states of USA, even if there is a one percent of contributory negligence,
the court would not award any damages to the plaintiff.
Contributory Negligence is said to have committed, when the person to whom a
damage has occurred for the negligent act of another, to some extent is also responsible
for the same. New York is one of the thirteen states in USA, which awards damages
based on comparative negligence. When an aggrieved person approaches the court for a
remedy under negligence, the Courts in New York first verifies the percentage of

2BUSINESS LAW ASSIGNMENT
contribution to the same of both the parties and then award damages proportionately (De
Mot 2013).
However, there are certain cases of negligence where the plaintiffs have a greater
proportion of fault than the defendants, in which the proportional award rule may lead
to injustice and an improved rule would be appropriate which will consider
compensating the defendant for the inconvenience caused to him.
c) Pregnancy Fairness Act
There were innumerable instances of pregnant employee grievances. The pregnant
workers are often denied reasonable accommodation in the work premises during
their pregnancy. The Pregnancy Fairness Act is developed with a view to redress
these grievances.
The Pregnancy Fairness Act would ensure the wellbeing and comfortable working
conditions to the pregnant workers. It strives to provide protection to the pregnant
workers. Previously, in majority of the cases, the pregnant workers were subjected to
dismissal by the employers. It also provides them with the provision of reasonable
accommodation such as sitting arrangements for pregnant workers. This would resolve
the exploitation of the pregnant workers by the employer and would ensure a safe
working condition for such workers. This Act ensures an interaction between the
employer and the pregnant worker to examine the accommodations required by the
worker and to what extent it could be provided (Czypinski 2014).
This Act would bring about a massive turn in the area of pregnant workers redressal,
which was, previously addressed in accordance with Pregnancy Discrimination Act.

3BUSINESS LAW ASSIGNMENT
Part Two: Multiple Choice
Answer to 1. Option b) the courts will decide. It is the province and duty of the courts to say
what the law is.
Answer to 2. Option a) cannot be introduced because evidence from discovery is only useful
for negotiations to settle a case.
Answer to 3. Option c) that similar verdicts will put cigarette companies out of business and
hurt the American economy.
Answer to 4. Option d) a law limiting the amount of damages that people can receive for
wrongs done to them.
Answer to 5. Option b) Ms. Kliebeck will recover nothing because she negligently tried to
open coffee between her legs.

4BUSINESS LAW ASSIGNMENT
References
Re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 1988)
The Child-Parent Security Act 2017
De Mot, J., 2013. Comparative versus contributory negligence: A comparison of the litigation
expenditures. International Review of Law and Economics, 33, pp.54-61.
Czypinski, S., 2014. Pregnant Laborers Should Expect Better: The Broken Pregnancy
Discrimination Standard and How Pregnant Workers Fairness Act Can Repair It. U. Pitt. L.
Rev., 76, p.303.
Pregnancy Fairness Act