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#duty #law #negligence #tort
If a defendant actually creates a dangerous situation (even though it was no fault of his own) the law may still impose a positive duty to act in order to mitigate the danger. Again we have seen a clear example of this in Capital and Counties plc v Hampshire County Council [1997] QB 1004 (see above under Emergency Services), in which a fire brigade were held to have no general duty of care to property owners unless they acted in such a manner as to actually aggravate the situation (in this case, by turning off the sprinkler system).
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