| 单词 | floodgates |
| 释义 | floodgates floodgates a term referring to the metaphor of the floodgates of liti- gation, the notion that there is potentially an ocean of potential liti- gants with potential claims who would, if the floodgates were opened, engulf the courts and inundate the courts of justice. It is often referred to by citing a dictum of Cardozo in Ultrameres Corporation v. Touche (1931) 225 NY 170 as a fear of creating 'liability in an indeter- minate amount for an indeterminate time to an indeterminate class'. It is a legitimate worry, but Lord Fraser's suggestion in McLaughlin v. O'Brian [1983] 1 AC 410 that one should only worry about the flood- gates if the instant case clearly indicates a realistic possibility of a flood of cases and otherwise deal with it, has not been rejected. On the other hand, the decisions in Murphy v. Brentwood [1990] 3 WLR 414 and Alcock v. Chief Constable [1992] 1 AC 310 show that the fear is still one to be considered. See ECONOMIC LOSS, NERVOUS SHOCK. |
| 随便看 |
|
法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。