Part 1Standard of care
1Deterrent effect of potential liability
A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might—
a
prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or
b
discourage persons from undertaking functions in connection with a desirable activity.