Wired on a Surrogacy Gone Wronga thoroughly modern contract case
If you have access to Wired Magazine and teach or think about contracts, I’d strongly recommend “The Baby Died. Whose Fault Is It?” by Emi Nietfeld in the latest issue, about a contract for surrogacy gone wrong.
This is a human story before it’s any kind of legal case. That human story is harrowing. There is a certain kind of cold comfort in fitting that story to so many patterns familiar to contract jockeys: brokerage, agency problems, leverage, due diligence, notice requirements, breach, insurance, evidence, privacy, conflict psychology. But for all its amenability to analysis, this is one demands to remind us that every case belongs to people first and lawyers second.
Your thoughts and feedback are always welcome by e-mail.