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What Reasons Have Been Given by the Courts to Justify

Question 2

Multiple Choice

What reasons have been given by the courts to justify treating public bodies differently from private bodies and individuals?
Please select all that apply.


A) Difficulties in identifying where exactly things went wrong - a public body is not a single entity therefore hard to pin down exactly what the negligent act is or who did it
B) 'Floodgate' concerns about a significant increase in the scope of tort liability if claims against public bodies are not restricted. Citizens should claim against public bodies via public law mechanisms, as these would be more appropriate.
C) 'Floodgate' concerns about a significant increase in the volume of claims (in particular frivolous claims) if claims against public bodies are not restricted
D) Imposing a duty might have the effect of encouraging defensive practices in public bodies and the individuals working for them.
E) Public bodies should not generally owe individuals a duty of care in negligence as taxpayers would not like paying (via compensation payments) for the wrongs committed by public bodies.
F) It is easier for a public body to cause harm to an individual therefore it should not be too easy for a duty of care to be found, but one should exist only in the most severe of cases.

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