1Deterrent effect of potential liabilityE+W
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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.