“[There is a] genuine dilemma in the sense that [any decision] could result in undue harm… Seeing that there is no escaping this problem, and no magic test that can eliminate it, the only thing that can be done is try to minimise as much as possible the harmful consequences likely to follow from [our] decisions. [S]o we should balance the magnitude of the evil against the chances of its occurrence.”

— Alan S. Zuckerman, Zuckerman on Civil Procedure: Principles of Practice (3rd Revised edition)