Project No. 62

Commenced: 1975
Completed: 1981

The Commission interpreted these terms of reference as requiring to report on whether there should be any change to the common law rule known as 'the non-feasance rule'. According to this rule, highway authorities are under no duty to undertake active measures to safeguard persons using their highways against dangers which make them unsafe for normal use, except in respect of dangers they have created or where there is a statutory provision to the contrary. Reform of the non-feasance rule was perceived to be necessary because: (a) the rule prevents the recovery of damages in some deserving cases; and (b) the rule is in practice unsatisfactory because the distinctions drawn in connection with it are difficult to apply or justify.