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Why Might the Courts Be Reluctant to Impose a Duty

Question 16

Multiple Choice

Why might the courts be reluctant to impose a duty of care in certain situations? Please select all that apply.


A) To avoid imposing 'crushing liability' on a particular individual or class of defendants
B) To stop a 'flood' of claims which may in turn clog up or slow down the tort system as a mechanism for compensation
C) To prevent over self-regulation by potential defendants in relation to beneficial yet 'risky' activities
D) Because the defendant has simply done nothing wrong - it is sometimes entirely reasonable to act in ways that leave others worse off

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