Statutes often give powers to authorities to act but do so in a manner at their discretion. Obviously when doing so authorities have to consider a whole array of factors, including [(4)]. As an illustrative example, consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed the view. The local authority became a joint defendant in that it was claimed that they were responsible for failing to clear the highway of an obstruction they were aware of and which had previously caused accidents. The House of Lords compared the situation between a statutory power and that of a duty (see Chapter 12 - Breach of Statutory Duty) and concluded they were similar but not identical.
Answer
the allocation of resources, available facilities, public and political policy and the analysis of methodology as to achieving a particular aim
Tags
#duty #law #negligence #tort
Question
Statutes often give powers to authorities to act but do so in a manner at their discretion. Obviously when doing so authorities have to consider a whole array of factors, including [(4)]. As an illustrative example, consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed the view. The local authority became a joint defendant in that it was claimed that they were responsible for failing to clear the highway of an obstruction they were aware of and which had previously caused accidents. The House of Lords compared the situation between a statutory power and that of a duty (see Chapter 12 - Breach of Statutory Duty) and concluded they were similar but not identical.
Answer
?
Tags
#duty #law #negligence #tort
Question
Statutes often give powers to authorities to act but do so in a manner at their discretion. Obviously when doing so authorities have to consider a whole array of factors, including [(4)]. As an illustrative example, consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed the view. The local authority became a joint defendant in that it was claimed that they were responsible for failing to clear the highway of an obstruction they were aware of and which had previously caused accidents. The House of Lords compared the situation between a statutory power and that of a duty (see Chapter 12 - Breach of Statutory Duty) and concluded they were similar but not identical.
Answer
the allocation of resources, available facilities, public and political policy and the analysis of methodology as to achieving a particular aim
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Open it Statutes often give powers to authorities to act but do so in a manner at their discretion. Obviously when doing so authorities have to consider a whole array of factors, including the allocation of resources, available facilities, public and political policy and the analysis of methodology as to achieving a particular aim. As an illustrative example, consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable
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