WebFind many great new & used options and get the best deals for OPENING THE FLOODGATES: WHY AMERICA NEEDS TO RETHINK ITS By Kevin R. Johnson at the best online prices at eBay! Free shipping for many products! 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 claimant) whose husband had driven onto train tracks at a level crossing, and due to the … 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 … See more • Floodgate effect 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 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
Floodgates argument - Oxford Reference
WebFeb 26, 2024 · One argument that can be given in favour of the floodgates argument is that the courts will be faced with a large number of claims if the right to take action is … WebJan 3, 2024 · A slippery slope argument takes an initial premise and sees it through a chain of consequences until you arrive at an unacceptable, undesirable, or disastrous outcome. Premise A leads to B, which leads … graph is tree or not
Tort Law: Protect Against The Floodgates: Free Quality Solution
WebWe can't permit the sale of marijuana by doctor's prescription, because that will lead people to believe it's an acceptable drug; this will open the floodgates to the complete … WebJul 20, 2024 · Floodgates arguments generally suggest that A’s claim against B should not be entertained by a court, because if it is, other similar claims will be brought ― the floodgates of litigation will open ― and the courts will be deluged with more cases than they can handle. I don’t think that floodgates arguments are often successful in real ... WebAug 24, 2024 · The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). (1) Judicial resort to the FA is discordant with the rights thesis. graphistudio baby book