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Ronald Dworkin and the Curious Case of the Floodgates Argument
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The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large … See more The core of the principle was enunciated by the then-Chief Justice of the New York Court of Appeals (later Associate Supreme Court Justice) Benjamin N. Cardozo in Ultramares Corp. v. Touche (1932) 174 N.E. 441 as the risk … See more In English law the first recorded reference to the floodgates principle was in 1888 in Victorian Railway Commissioners v Coultas That case involved a pregnant woman (the … See more Judicial concern has also been expressed about potential liability for negligent misstatements. Unlike physical acts, a negligent statement may be relied upon by a great many … See more The floodgates principle is by no means a principle of universal application. The courts have, on occasion, been prepared to uphold claims notwithstanding that they recognise that the effect of a decision will most likely result in a large amount of … See more Pure economic loss cases have also felt the strong influence of the concerns of the courts in relation to the floodgates principle. The English Court of Appeal in the decision of Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd made extensive reference … See more In Hill v Chief Constable of West Yorkshire the House of Lords had to consider a claim by Jacqueline Hill, the last victim of Peter Sutcliffe (a serial killer known as the "Yorkshire Ripper"), … See more • Floodgate effect See more WebJul 23, 2024 · The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large numbers of claims and lawsuits.The … Webcan neighbour principle be satisfied; are there any reasons or policy considerations that this duty should not exist. - if so you open floodgates for compensation. The modern day duty of care: Caparo Insustries v dickman; 3 stage test; Beyond 3 stage test it must be incrementally and by analogy image terrain de handball