Combined Lecture and Textbook Notes: Custody

5 Pages

Women's Studies
Course Code
Women's Studies 2270A/B
Amanda J Porter

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Custody Notes on MovieThe value of labour is not directly related to its relation to GDP y Wages do not correlate to the value of the worky Labour that is visible to policy makers is the labour that will be awarded with any system they ydevelop Vera Fobels A Defining Case for Feminists 48 hour paid work week on top of 40 hour unpaid work week y Worked at bakery full time and solely responsible for housekeeping y Two car accidents left Fobel with significantly reduced capacity for work mid 1980s y Neither of which were her faultyFobel sought damages at trial yCourt took seriously the issue of defining or itemizing a persons housekeeping capacity and yassessing it monetary valueTraditionally courts held that if a women suffered a injury that destroyed or impaired yher capacity to perform household services the loss was not her own but instead was a loss that could be attributed to her husband to whom she provide the servicesIt awarded Fobel 79698 24 for loss of future housekeeping capacityyRelying on the synthesis of previous scholarship provided by K Cooper Stephenson and I Sauders ythe court reviewed the five methods that could be employed to quantify the loss of housekeeping capacityUnder the replacement of earnings capacity method the homemaker could be ycompensated based on the earnings she would have been able to earn had she worked outside the home at the sae tasksUnder the opportunity cost method the value of the work could be determined based yon the value of what the women could have earned had she chosen to work in the paid labour forceUnder the replacement cost method compensation could be based on the cost of ypaying someone to perform the household functionsUnder the substitute homemaker method the cost of a substitute homemaker who ywould perform all of the tasks the injured person previously performed not just the domestic labour could be usedUnder the catalogue of services method the injured womens time could be assigned to ya number of occupations for example chef nurse counsellorand a fair market salary for each of those tasks could be imputed to the injured women Why was this case importantFobels case is important because it took seriously the tort law principle that injured partied yshould be restored to their preaccident condition to the extent possible Erodes the public vs private distinctionyIt recognized womens autonomy from their husbands damages not reduced if spouses pick up ymore of the houseworkJustice Vancise distinguished between direct and indirectmanagement tasksDelineating the yvarious tasks of domestic work demonstrates their importance and makes it easier to quantity their economic value
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