Commentary on Sections: Part 1 Provisions relating to the law of negligence and breach of statutory duty Section 1: Considering a claim in negligence or breach of statutory duty
16.Section 1 provides that in considering a claim in negligence or breach of statutory duty, a court may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions or otherwise), have regard to whether a requirement to take those steps might prevent an activity which is desirable from taking place (either at all, to a particular extent, or in a particular way), or might discourage persons from undertaking functions in connection with the activity.
17.This provision reflects the existing law and approach of the courts as expressed in recent judgments of the higher courts.