X-Message-Number: 1753.1
From: Graham Wilson <>
Date: Mon, 15 Feb 93 16:43:48 GMT
I would like to say thank you very much to all the people who have helped
me with my thesis reserch on cryonics over the last year or so.
As promised I enclose a copy of the draft Cryonics Suspension Act (1993)
which is part of my final LL.B. Law Degree project.
The act essentially sets up a regulatory body and most of the controls
on cryonics contained within it are statutory based. Some people will, no
doubt, argue that the act is too complex and that cryonics institutions
are perfectly capable of administering the interests of patients.
Unfortunately, from what I have read and seen I cannot agree with this
statement.
Although I have been impressed with the operation of Alcor and other
cryonics companies I believe that a cryonic patient requires statutory
protection, rather than a reliance on someone's "word" or through
haphazzard judge-made law each time cryonics comes before the courts.
The act is drafted to take account of ENGLISH law and is split into
seven sections. The act is by no means complete and I shall probably
rewrite it over the next month. It is written in an odd format for the
moment for insertation purposes with the thesis. Therefore, cross-
references between some of the sections have been left blank. Similarly,
I have not yet checked the act for grammar and punctuation. However,
I thought people might be intersted to see how it stands at the moment and I
would welcome any comments either through the discussion group or mailed
direct.
My electronic mail address will remain the same until 01st June. However,
after this date I can be contacted by snail mail : 71 Durrants Drive,
Rickmansworth. Hertfordshire. WD3 3NY. Telephone : Watford (0923) 250548.
Once again many thanks.
Graham Wilson
Department of Law
Coventry University
Priory Street
Coventry.
CV1 5FB
UK.
Cryonics Suspension Act (1993)
(Copyright - Graham Richard Wilson 1993)
Sections
--------
part 1 - creation of authority and powers and duties
part 2 - Rights of the cryonic patient at law.
Part 3 - Cryo companies - Duties / Obligations.
Part 4 - Alteration to the powers of the coroner
Part 5 - Contract law
Part 6 - Trusts Law
Part 7 - Negligence
An act to provide for the cryonic suspension and protection of
patients placed into cryonic suspension and for the creation of a
statutory authority and the enactment of new legislation amending the
Law of Property Act (1925), contractual, tortious and criminal
legislation.
Part I - Creation of Cryonics Regulatory Authority
--------------------------------------------------
(1) For the purposes of this act cryonic suspension shall mean the
placing of patients into a cryogenic frozen state after the
cessation of their vital signs has been declared by two doctors.
(2)Where a patient has elected for cryonic suspension, upon their death
they shall be issued with an intermediate death certificate.
(3)An intermediate death certificate shall evidence the date, time and
place of death.
(4)A new regulatory authority, known as the "Cryonics Regulatory
Authority" shall be created.
(5)The Authority will be responsible for administering the provisions
contained in this act and shall report directly to the secretary of
state for health.
(6)The operation of the authority shall be paid from the public purse
by an ammount specified by the secretary of state.
(7)The Authority shall have the duty to compile a register which
will be available for public inspection. This register shall contain
the following information:
(i) The name, sex and last known address of each cryonic patient.
(ii) The location and storage of each cryonic patient
(iii) The name of the cryonics institute, company or organisation
responsible for suspending the patient.
(iv) The name of the cryonics institute company or organisation
responsible for maintaining the patient.
(v) The name of the patient's guardian responsible for carrying out
the cryonic suspension elective.
(8)The secretary of State may from time to time presribe any other
information to be included on the register and may prescribe the
format in which the information is to be recorded.
(9)Any alterations, additions or deletions notified to the authority
under this act shall be recorded on the register within 2 working
days of notification.
(10)The Regulatory Authority shall, however, subject to approval from the
Secretary of State have the power to exclude any information from the
register on the grounds of confidentiality and that it would not be in
the public interest to do so.
(11)The Authority shall issue a licence in respect of each cryonics
institution or company.
(12)The licence shall contain the terms and conditions under which the
institute or company shall operate and will require renewal every
12 months or on a shorter period if the regulatory authority
thinks fit.
(13)For the purposes of this section, the Secretary of State or
Cryonics Regulatory Authority may prescribe from time to time :
(i) The qualifications required for medical practitioners involved in
the cryonic suspension, investigation of or experimentation upon
cryonic patients.
(ii) The qualifications required for medical assistants involved
assisting in the cryonic suspension, investigation of or
experimentation upon cryonic patients.
(14)The Cryonics Regulatory Authority may only have the power to prohibit
the proposed suspension or actual suspension of a patient on
application to the court.
(15)An order prohibiting the proposed suspension or actual suspension
of a patient shall only be granted where :
(i) Evidence would suggest that the proposed or actual suspension
would pose a severe and real danger to the health of a section of the
general public.
and / or
(ii) The proposed or actual suspension would place the medical team
at severe or grave risk to their health.
and / or
(iii) Documentary evidence exists whether it is contained within a single
document or a series of documents revoking the previous direction on
the part of the patient to be cryonically suspended.
and / or
(iv) It would not be in the interests of justice to allow the
suspension on the grounds that :
(a) At the time of death the patient having been convicted of murder,
manslaughter, rape or any other criminal offence which carries a
maximum sentence of life imprisonment was serving a custodial
sentence within the confindes of one of Her Majesty's Prisons.
(b) The patient was executed by due process of law as defined in the
Abolition of the Death Penalty Act
(c) The patient had been convicted by an International Court under
the general heading of "war crimes"
(16)It shall be a criminal offence for the purposes of this section
punishable by a prison sentenance of upto 3 years and or an unlimited
fine to suspend any patient falling within the classifications
contained within this section.
(17)The Cryonics Regulatory Authority through its authorised
officers shall have the power to enter and inspect at any time or for
any reason any building, facility, registered or unregistered with
the authority, for the purposes of confirming verifying or otherwise
ascertaining the storage therein of cryonically suspended patients or
material which it is believed to be the subject of future or previous
cryonic suspension.
(18)The Regulatory Authority shall, through its authorised agents have
the power to seize, confiscate, examine or otherwise investigate any
document, equipment, device, electronic storage medium, or other
communication in the
possession of the cryonics company or institute which relates to the
propsed suspension, suspension, storage, reanimation or proposed
reanimation of any patient or materials.
(19)The authority may not seize any object under section
**** (above section) which may jeopadise, or the authority has reason
to believe with jeopadise, the proper legal cryonic suspension or
continued suspension of a patient unless a warrant is obtained from
the high
court based on a sworn affidavit from the investigating officer
concerned.
(20)Any Application made to a court to seize any object under section ***
(above) which might jeopadise, or the authority has reason to believe
will jeopadise the proper legal cryonic suspension or continued
suspension of a patient, may not be heard ex parte unless the
authority has reason to believe that in providing the cryonics
company, institite or organisation with such advanced warning :
(i) vital material might be consealed, altered or destroyed.
(21)It shall be a criminal offence punishable by 3 years imprisonment and
or a fine upto 100,000 to obstruct authorised officers of the
regulatory authority in the execution of their duties under section 20
(22)Where the Cryonics Regulatory Authority has reason to belive that an
the body of a cryonically suspended patient is in the possession
of an unregistered cryonics company or institute then the Authority
may without warrant enter and seize the patient and arrange for their
proper storage pending :
(i) registration by the cryonics company or institute with the
Authority and/ or
(ii) Compliance with any regulations contained within the licence
(23)The Authority may recover the cost of removal, inspection and
subsequent storage of any patient under this act against the
unregistered cryonics company.
(24)Where the cryonics regulatory Authority has reason to believe that
the body of a cryonically suspended patient is in the possession of
a company or institution registered with the authority for the purposes
of this act and the authority has reason to belive that the patient is
not being maintained in accordance with either the cryonic instutions
licence or in accordance with good medical practice then the
authority may seize the patient and arrange for their proper storage
pending :
(i) compliance with any regualtions contained within the licence.
The authority may recover the cost of removal, inspection and subsequent
storage of any patient under this act against the cryonics company.
Part II - Rights of the Cryonic Patient at Law
----------------------------------------------
(25) For the purposes of this act any person of legal capacity may by
themselves or by direction to their relatives or guardians at any
time elect for cryonic suspension upon their death.
(a) Such an election will only be valid where :
(i) The election is made by free-will and without duress
(ii) The election is made in writing.
(iii) The election is signed or otherwise
acknowledged by a mark made by the patient
in the prescence of two witnesses, who confirm the same by
appending their signature to the document in the prescence of the
patient.
(26)A copy of the cryonic suspension elective shall be delivered to the
Chief Coroner for England and Wales, the Cryonics Regulatory
Authority and the Coroner responsible for the jurisdiction within
which the applicant resides with 7 days of such an elective being
signed.
(27)The suspension elective shall be delivered in accordance with
section 26 above and in a format which may be prescribed
from time to time by the Cryonics Regulatory Authority.
(28)For a cryonic suspension elective to be valid it shall contain the
following information listed below and / or any other information
of the type which may be prescribed by the
Cryonics Regulatory Authority from time to time through the secretary
of state for health :
(i) The name, current address and date of birth of the patient.
(ii) The cryonics company, institute or foundation with which the
patient wishes to be cryonically suspended.
(iii) The name of the individual, institute, company or foundation to
be appointed as the patient's guardian who will be responsible for
adminstering the provisions of the cryonic suspension elective.
(iv) The
rights,
powers, duties and responsibilities of the patient's appointed
guardian who shall be responsible for carrying out the cryonic
suspension elective.
(v) The rights, powers, duties and responsibilities of the cryonics
company, institute or foundation responsible for cryonically
suspending the patient.
(vi) The rights, powers, duties and responsibilities of the
cryonics company, institute or foundation responsible for
cryonically suspending the patient.
(29)Where a cryonic suspension elective and the terms and conditions of a
trust, perpetuity or testamentary disposition are in conflict then
the first in time shall prevail unless the offending previous document
or documents have been revoked in the correct and proper manner for
the revocation of a document or agreement of that type.
(30)A minor may through their relatives or guardians elect for cryonic
suspension upon their death, subjct to the provisions contained in
sub section **** above ****(free will, writing etc parts)****
and providing that the child, during their lifetime, has made no
representation oral, written or otherwise that they do not wish to be
cryonically suspended.
(31)For the purposes of this act a valid witness shall be
anyone of legal capacity other than any employee or representative of
any cryonics institute, company or foundation.
(32)It shall be a criminal offence punishable by a maximum of 3 years
imprisonment and or an unlimited fine to obstruct or deliberately or
otherwise, without due cause of law, the proposed suspension, actual
suspension or continued suspension of a patient.
Thomas Donaldson issues
-----------------------
(33)A living person may elect for cryonic suspension to be carried out
upon themselves whilst they are still alive with the intention
of bringing about a cryonic state of suspension subject to the
following provisions :
(i) The patient complies with the provisions for a cryonic elective
as specified with section (rules about cryonic electives) above.
(ii) The patient has been medically examined by two indepdent doctors
who both agree that the patient is suffering from a terminal illness
of the type which cannot be cured with current medical technology.
(iii) The applicant's life expectancy is deemed from the examination
of the indepent doctors to be :
(a) less than 12 months
and / or
(b) the patient is suffering from an illness which is likely to
dibilitate their chances of being cryonically suspended as a result
of damage caused from carcenogens, tumours or body functioning
depleting infections or diseases were it to be allowed to progress
any further
and
(c) In the period of estimated remaining life expectancy two
independent doctors have reason to believe that it is unlikely that
either the medical technology or treatment will become availble which
will either regress or prevent further advancement of the infection
or disease.
(iv) The applicant is not suffering from any psychologial illness
which is or is likely to prevent them from making a rational and
logical decision about their request
(v) The doctors shall sign a declaration that life expectancy
evidence
(34)The Court may order the cryonic procedure to be carried out on
application to the court by the patient and subject to the above
provisions
(35)A surgeon, anethatist, doctor, nurse of any other member of the
medical team involved in the cryonic suspension of a patient who is
subject to an approval order from the court under this section of the
act shall have immunity from prosecution in respect of murder,
manslaughter, assistance in suicide or any other criminal offence
connected with the approved termation of the applicant's life in
order for them to achieve cryonic suspension.
(36)A surgeon, anethatist, doctor, nurse or any other member of the
medical team involved in the cryonic suspension of a patient
who is subject to an approval order from the court under this section
of the act shall have immunity from civil proceedings in respect of
murder, manslaughter, assistance in suicide or any other aspect
connected with the approved termination of the applicant's life
in order for them to achieve cryonic suspension.
(37)For the purposes of this section a valid witness is someone of
legal age who is not a representative or employee of a cryonics
company, a relative or any person benefitting under provisions
contained in the suspendee's will.
Part III - Cryonic Companies - Powers, duties and obligations
-------------------------------------------------------------
(38)All cryonic suspension organisations shall, for the purposes of this
act, be registered with the Cryonics Regulatory Authority.
(39)The secretary of state may presribe the conditions and requirements
of registration with the authority as deemed necessary from time to
time, including:
(i) The type of facilities used for the cryonic suspension and
storage of patients
(ii) The method of storage of cryonically suspended patients
(iii) The equipment available for the proper monitoring and
protection of cryonically suspended patients.
(40)It shall be a criminal offence punishable by upto five years
imprisonment and or an unlimited fine to cryonically suspend or store
patients without licence from the Cryonics
Regulatory Authority.
(41)It shall be a criminal offence punishable by upto 12 months
imprisonment and or an unlimited fine to breach the stipulations laid
down in the licence issued by the Cryonics Regulatory Authority.
**
(42)All medical examinations, investigations or experiments carried out
upon or involving a cryonically suspended patient shall be carried
out under the direct supervision of a medically qualified
practitioner (for the purposes of this act registered under the
National Health Service Act ****) who also holds a licence to
practice cryonic medicine from the Cryonics Regulatory Authority.
(43)It shall be a criminal offence punishable by term of upto 5 years
imprisonment and or an unlimited fine to medically investigate,
prescribe treatment or experiment upon a cryonics patient without
holding a permission to practice licence from the Cryonics Regulatory
Authority.
(44)Each cryonics institute, company or foundation shall for the
purposes of this act hold a publically inspectable register
containing the same information which will or should be held by the
Authority as contained in section ****** ( ) and which may be
altered and determined from time to time by the Secretary of State.
(45)It shall be a criminal offence punishable by a fine of upto 200,000
to fail to maintain an accurate and up to date register.
(46)Any alterations, deletions amendments or otherwise to this register
shall be recorded as such within 2 days of the information becoming
available.
(47)The Cryonics Company, institute or organisation shall within 7 days
notify the Cryonics Regulatory Authority of an activities involving
procedures or operations or experimentations upon cryonics suspended
patients in a form and with such detail as the Authority from time to
time may define.
(48)For the puropses of section **** above it shall be a criminal offence
punishable by a maximum fine of 80,000 to fail to provide the
information to the Authority within the prescribed time limit.
*****
(49)It shall be a criminal offence punishable by upto 12 months
imprisonment and or a fine not exceeding 50,000 to cryonically
suspend with the express authorisation of the Cryonics Regulatory
Authority any material of a fetal nature, abortuses or a still born
child.
(50)For the purposes of this section, the Cryonics Regulatory Authority
shall only authorise the suspension of a still born child where,
evidence exists that at the time the fetus failed to show
evidence of jesticular activity, it was capable of being born alive
and carrying on a separate existance from its mother whether medical
intervention or treatment would have been required or otherwise.
(51)Where a patient informs their attending doctor that they have
elected for cryonic suspension upon their death, then the doctor shall
have a duty to record this information upon the patient's medical
records, unless the patient specifically requests otherwise or the
doctor has good cause to believe that it would not be in the
patient's best interests to do so.
Part IV - Powers of the Coroner
-------------------------------
(52)Where a patient informs their attending doctor that they have
elected for cryonic suspension upon their death and any doctor or other
medical practitioner, with the knowledge of the patient's intent to
be cryonically suspended, authorises the conduct of an autopsy upon
the patient shall be guilty of an offence and liable to a custodial
sentence of 6 months imprisonment and or a fine of not exceeding
20,000.
(53)It shall be a criminal offence punishable by a fine by a term of
imprisonment
and or a fine not exceeding 20,000 for a
pathologist, medical
practitioner or mortician, unless they hold express authorisation
from the Cryonics Regulatory Authority, or the coroner for the district
provides a suspension autopsy certificate to autopsy a patient who they
know or have reason to believe has elected for cryonic suspension
upon thier death.
(54)For the purposes of section **** (above) the Cryonics Regulatory Authority
shall have the power to overide any certificate issued by the Coroner.
(55)For the purposes of this section the Coroners Act (1988) shall be
interpreted in accordance and with regard to the provisons contained
herein.
(56)Where the coroner has reason to believe that the body of a person is
lying within his district and that person has elected for cryonic
suspension, or the Coroner is put on notice or has reasonable
suspecion to believe they have elected for cryonic suspension he may
not interfere with the suspension process unless:
(i) He has reason to believe that the patient died an unnatural death
and
(ii) Without conducting an
autopsy no other possible method exists in order to obtain
evidence of the patient's death or
evidence which will be crucial in a criminal trial.
(57)The Coroner may order any of the following tests to be made upon the
patient prior to their cryonic suspension :
(i) Blood samples
(ii) Tissue samples
(iii) cell cultures
(iv) any other reasonable test and or examination
providing that for the purposes of this section it does not jeopadise
the patient's proper cryonic suspension.
Contract law
------------
(58)An agreement entered into between a person or persons and a cryonics
suspension company shall be a legally binding contract enforcible at
law providing :
(i) The agreement contains a term or condition that is a cryonic
suspension contract
and
(ii) The suspension contract is a genuine contract entered into for
the purposes of suspending and maintaining a cryonic patient.
(59)Where a court is of the opinion that a contract or a term contained
within a contract has been included which is not in the cryonic
patients interest but which has been included within the contract in
order to avoid normal common law and statutory contractual provisions
then the court shall have the power to strike out those sections
accordingly.
(60)For the purposes of a cryonic contract the following provisions shall
apply :
(i) There shall be legal possession in the cadavour of a patient.
(ii) There shall be a unrebuttable presumption that an intention to
create legal relations exists in the case of a cryonics contract.
(iii) A contract shall not be void on the grounds of mistake that
cryonics cannot restore a person to their normal self at some point
in the future
(iv) A cryonic Contract shall not be void on the grounds of public
policy or that it is not in the interests of the UK government or a
UK citizen.
(61)Where a relative, guardian or other person connected with a potential
cryonic patient arranges or agrees (i) to a hospital post mortem
being carried out or (ii) unnecessarily or without reason encourages
the coroner to hold a post mortem under the Coroners Act (1988),
subject to the powers contained within this act
(a)then where such a post mortem is carried out the contract as between
the cryoicss patients and others and the suspension company shall not be
frustrated by virtue that the body is no longer suspendable.
(62)A cryonic contract frustrated under section (above section*****)
shall not be subject to the terms of the Law Reform
(Frustrated Contracts) Act (1943).
(63)After deductions made for reasonable expenses incurred, in the
case of a contract frustrated under section (frustrated)*** any monies
remaining in the possession ofthe cryonics company shall pass and
become crown property and may not be payable to any relative and
or applicant of the suspendee.
(64)An applicant acting on behalf of a suspended patient may bring and
maintain an action on behalf of the patient and claim damages
for breach of contract accordingly.
(65)In the assessment of contractual damages the court shall award those
sums as it is felt would put the patient back in the same position as
if the contract had been performed properly in the first place.
(66)In calculating the damages, using the best means avaiable to
the court, sums may be awarded to pay for any future neuro sergery
which will be required to be performed now or in the future upon the
patient in order to rectify the breach steming from the contract.
(67)Damages recovered under a cryonic contract claim shall, be paid into a
trust fund on the suspended patient's behalf subject to the regulations
contained in sections ******(trust sections)
(68)Money awarded under this part of the act and paid into a trust fund
may only be released by order of the court.
(69)A cryonic contract shall not be bound by the terms by the Limitation
period specified in the Limitation Act (1980) which applies to
conventional contracts.
(70)A contract of insurance between an individual and an insurance
company shall not be void on the grounds of insurable interest where
the individual names (i)a cryoics company, firm or institution or
(ii) a trust fund created in favour of themselves as ultimate
beneficiary but with payments to a cryoics company, as beneficiary of
the proceeds upon death.
Part Six - Trust Law
--------------------
(71)Where the court of protection has reason to belive that a trustee / guardian
of a cryonic patient is not forfilling their proper duties as sepcified
by the court of protection or by the patient in their cryonic elective then
the court may remove this trustee/ guardian forthwith.
(72)Where a cryonic patient has not appointed a valid trustee / guardian then
the court of protection shall have the power to act in the abscence and
may appoint a new trustee / guardian.
(73)The appointment of a new trustee / guardian by the Court of Protection
shall be based on any direction or evidence contained in the patient's
cryonic directive or based upon any other evidence which provides information
as to the patient's previously expressed wishes.
(74)The Court of Protection may not appoint may not appoint any of the following
as a trustee or guardian of a cryonic patient where expressly authorised
by the patient in a cryonic directive or otherwise :
(i) A Cryonic company or institute
(ii) An employee of a cryonics company or institute
(iii) The agent of a cryonics company of institute
(iv) Where the person might be in a conflict of interest where they both
authorise and supply a service to a cryonic patient
(v) Where the interests of the proposed trustee and patient are or might
in the future conflict.
(75)A patient, may through the use of a cryonic suspension elective declare
a trust in favour of themselves as principal beneficiary to come into
effect upon the issue of an intermediate death certificate.
(a)Where a valid cryonic trust is declared, then it shall not be subject
to the rule against perpetuities.
(76)A cryonic elective may specify the principle beneficiary as a cryonics
company and or institute, for any specified period or subject to any
contingent events occuring and subject the control and authorisation of
the patient's trustee and the jurisdiction of the court of protection.
(a)Where a cryonic patient specifies an ultimate contingency, such that
if they are reanimated, then the trust will cease and the contents of
therein will revert to the settlor forthwith.
(77)Where a person or body corporate is appointed as trustee of a patient
under a valid cryonic suspension elective then that person shall be
deemed to be under a fiduciary duty towards the cryonic patient and all
his or her acts shall be subject to the control of the Court of
Protection division of the High Court.
(78)The Official Solicitor to the Supreme Court shall have the power to
institute proceedings against a trustee for breach of fiduciary duty on the
patient's behalf.
(79)The Court of Protection shall be required to sign each application for
the release of money, proceeds, capital or other part or parts forming
or constituting part of a trust fund.
(80)The Court of Protection may refuse, alter or otherwise vary any
application for the release of trust property, subject to section ****
(above) where it is deemed not to be in the cryonic patient's
interests to do so.
Part Seven - Tortious Liability
-------------------------------
(81)The trustee of a cryonic patient may bring a tortious action on
behalf of a patient and have full legal status and capacity to act on
behalf of the cryonic patient in so far as they may :
(i) Issue and commence civil proceedings.
(ii) sign documents, statements and affidavits as acting on behalf of
the suspendee
(iii) act in any other way necessary for the effective conduct of a
cryonic tortious action.
(82)For the purposes of a tortious action brought under this act a
patient in cryogenic suspension shall be deemed to have the same
legal rights and actions open to his or her trustee as if the patient
were bringing the action themselves.
(83)The civil tort of battery (interference to the person) shall be
extended to any patient electing for or in a state of cryonic
suspension.
(84)For the purposes of section (above) they shall be viewed as if they
were a normal person.
(85)A cryonic patient shall be owed a duty of care and shall be included
within the widely accepted definition as stated by Lord Atkinson in
the case of Donoghue -V- Stephenson.
(86)In determining whether a duty of care has been breached in a cryonic
action the court shall have regard to the accepted reasonable cryonic
medicine practices available at the time, based on good medical
reasoning.
(87)A court shall have regard to the state of medical technology and
understanding of science and or the defendant at the time the breach took
place.
(88)Any person undertaking medical procedures or operations upon a
cryonic patient without consent shall be civilly liable.
(89)It shall be a defence to a charge of "consent" in a cryonic
negligence action where :
(i) the express written consent of the patient to a special medical
procedure
or practice was obtained when they elected for cryonic suspension
(ii) The Cryonics Regulatory Authority has granted express permission
for the conduct a particular medical procedure or operation upon the
suspendee
(iii) It was necessary to perform a medical procedure or operation
upon the suspendee and insufficient time was available, from the
point when it became apparent that such medical intervention was
required, to obtain the consent of either the patient's trustee or
the cryonic regulatory authority.
(90)Where the issue of causation is raised in a cryoic tortious action,
then the court shall have regard to the :
(i) position of the patient in relation to the defendant
(ii) Whether based on a balance of probablities based upon the best
available medical cryonic advice causation has been proven
(91)A defendant shall be liable for all acts, omissions or comissions
where he is held to have breached the duty of care he owes towards
the cryonic patient. The fact that the patient is in a cryogenic
state of suspension shall not detract from the calculation and
allocation of damages for any losses arising from the breach.
(92)In applying the test of forseeability the court shall view a cryonic
patient as if he were a patient subject to medical supervision.
(93)In a cryonic negligence action providing it can be proved to the
satisfaction of the court that the injury sustained by the suspended
patient was forseeable then the defendant shall be liable for all
damages suffered by the suspendee or his interests even though the
extent of the liability was not forseeable.
(94)In assessing damages in a cryonic negligence action, the court shall
regard the cryonic patient as if they were a person rather than
property.
(95)The court, may subject to Section 6 of the Administration of Justice
Act (1982) make a provisional award in cases where the medical
prognosis of a patient in cryonic suspension is particularly
uncertain and where there is a chance falling short of probably
certain that some serious disease or serious deterioration in the
patient's condition will accrue at a later date and which becomes
apparent either during or after cryonic suspension.
(96)Where a patient's trustee applies to the court for the additional
assessment of damages in respect of a previous judgment and the
defendant and or his estate is not available in order to meet any
additional sums awarded then the liability for any outstanding
balances shall fall upon the cryonics company responsible for
suspending and or maintaining the patient.
(97)For the purposes of section *** (above) a defendants estate shall be
taken not to be available where their estate has been destributed
under the provisions of a will, testamentary disposition under the
Law of Property Act (1925) or by a grant of probate or by letters of
administration.
(98)A cryonics company shall be required to indemnify any suspended
patient who they were responsible for suspending and or storing in
respect of any claims made by that patient's trustee against any
defendant in a tortious liability claim where, subject to the terms
and conditions contained in Section (******* where a patient's
trustee applies to the court for additional assessment of damages in
respect of a previous judgement****) and ****** (for the purposes of
section **** (above) a defendants estate shall be taken not be their
estate in no longer available to meet the claim.
(99)The proper legal guardian of a cryonic patient may bring an action even
though they are not privy to the contract.
(100)The Court may allow such an application by a patients proper and legal
guardian where they are satisfied that the applicant is acting in the
best interests of the suspended patient.
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