What does public policy influence in terms of duty of care?

Public policy plays a crucial role in shaping the legal framework within which the duty of care is assessed in tort cases. It influences decisions made by the courts regarding the existence and scope of a duty owed by one party to another, particularly in negligence claims.

When courts establish or modify the duty of care, they take into account the broader implications of their decisions on society, which can include considerations of fairness, justice, and the practical effects on public interest. For instance, if a court were to impose an excessively broad duty of care, it might lead to an influx of claims that could burden the judicial system or discourage beneficial activities.

The other choices do not specifically relate to the influence of public policy on the duty of care. The private interests of individuals during litigation, while relevant to individual cases, are not the guiding principles for determining the overarching legal obligations in tort. The requirement for contracts to be in written form pertains more to contract law rather than tort law, and the extent of damages that can be claimed is typically established through established legal principles rather than public policy considerations directly influencing duty of care.