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 … WebNov 12, 2014 · what do we mean by the ‘Floodgates’ Argument?To “open the floodgates” in litigation is a phrase used to argue that if a Court were to recognise a cause of action, …
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WebOct 5, 2024 · Examples of floodgate in a sentence, how to use it. 99 examples: To breach that would open the floodgates to all the commercial embargoes… WebMar 16, 2024 · While the Crown used its floodgates argument to advocate against the use of section 15 equality argument, the premise of their argument can be used in another way. After all, there is an issue of disproportionate representation of Indigenous and Black people at all stages of the criminal justice funnel: as targets of child welfare agencies ... did faye tozer win strictly
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Webthe Court has relied on floodgates arguments solely to protect itself and the rest of the federal judiciary from what it sees as an excessive workload, raising difficult questions … 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 Web2 hours ago · The Floodgates Argument. The opposite argument still crops up, though. In NEJM recently, Khrysta Baig and colleagues presented a scenario where spending for semaglutide for obesity in Medicare “would exceed the entire Part D budget.” (Part D is shorthand for prescription drugs under Medicare.) Baig et al came up with those … did fau win last night