En Ventre Sa Mere - Definition - Law Dictionary Home Dictionary Definition en-ventre-sa-mere

Definition :

En ventre sa mere. [Fr. In its mother's womb.] A child in the womb of the mother is for most purposes regarded in English law as being already born. But there are certain important exceptions. For example, if a child is killed whilst it is within the womb, it cannot be the subject of a murder or manslaughter charge, but otherwise if it receives injuries whilst in the womb which occasion its death after birth, R. v. Senior, (1832) 1 Moo CC 346. In civil matters also the fiction of birth is only to be applied if the maintenance of the fiction is for the child's benefit and not its detriment, Villar v. Gilbey, 1907 AC 139, but it has lately been held by the House of Lords that the doctrine does not apply where a benefit is not destined directly to the child and is only for his indirect benefit, if any: Elliot v. Joicey (Lord), 1935 AC 209, and see LQR, January, 136, for a note on the case. Subject to the narrowing of the doctrine by Elliot v. Joicey, ubi. Sup., a liberal interpretation will be put on the word 'born' in a will [Re Salaman, (1908) 1 Ch 4], and also in a deed, Ebbern v. Fowler, (1909) 1 Ch 578. A child en v.s.m. is a 'child' within the meaning of (English) Lord Campbell's Act, 1846 (9 & 10 Vict. c. 93 [The George and Richard, (1871) LR 3 Adm. & Ec. 466]; and may also be a 'dependant' within the (English) Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58) [Williams v. Ocean Coal Company, (1907) 2 KB 422; Orrell Colliery v. Schofield, (1909) AC 433]. See now the (English) Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 84). As to exception to 'child living' including child en ventre sa mere, see Jackson v. Voss, 39 TLR 445.