Courts often use a balancing test when examining whether a party acted with due care in negligence cases.

Name: Courts often use a balancing test when examining whether a party acted with due care in negligence cases.
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The balancing test is central to the concept of due care, and balances the likelihood that the defendant's conduct will cause harmful consequences, taken with the seriousness of the harmful consequences, against the effort required to avoid the harmful consequences.

Courts Often Use a Balancing Test When Examining Whether a Party