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Words: | Submitted: Fri Jan 28 2005
... of care to a particular public body and it is these decisions which have been influenced by policy arguments and decisions. This approach has been adopted particularly where there is an overriding public or general interest which awards defendants a certain degree of immunity from litigation. Courts have often justified their actions of not imposing a duty of care upon public bodies using arguments that reflect their concerns should a different approach be taken. There has been a particular need to prevent the 'opening up of floodgates of liability1'. The underlying concern of this argument is that, particularly in influential cases, numerous different claims are likely to arise out of a single incident. Other arguments put forward in defence of limiting the application of a duty of care to a public body is that large liabilities could result in detrimental effects on society. Already sparse public funds could be depleted ...
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