California, United States of America
The following excerpt is from Munoz v. Davis, 141 Cal.App.3d 420, 190 Cal.Rptr. 400 (Cal. App. 1983):
3 Among these are "[t]he social utility of the activity out of which the injury arises, compared with the risks involved in its conduct; the kind of person with whom the actor is dealing; the workability of a rule of care, especially in terms of the parties' relative ability to adopt practical means of preventing injury; the relative ability of the parties to bear the financial burden of injury and the availability of means by which the loss may be shifted or spread; the body of statutes and judicial precedents which color the parties' relationship; the prophylactic effect of a rule of liability; ... and finally, the moral imperatives which judges share with their fellow citizens ...." (Raymond v. Paradise Unified School District (1963) 218 Cal.App.2d 1, 8, 31 Cal.Rptr. 847.)
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