Non-feasance protection for failure to carry out works
103 Non-feasance protection for failure to carry out works
The Crown is not liable in proceedings in respect of a claim for any loss or damage arising from a failure of the Crown or a responsible manager to carry out, or consider carrying out, works on or in relation to a corridor, unless, at the time of the alleged failure, the Crown had actual knowledge of the facts creating the particular risk, the materialisation of which resulted in the harm.
This section does not operate – to create a duty of care in respect of a risk merely because the Crown or a responsible manager has actual knowledge of the risk; or to make the Crown liable in respect of any act or omission of a corridor manager; or to create, in relation to a corridor, a duty of care on the part of the Crown if there is or was, at the relevant time, a corridor manager in respect of the corridor; or to affect any standard of care that would otherwise be applicable in respect of a risk.
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