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Stovin v Wise [1996]

Facts

  • A motorcyclist was injured when hit by a car pulling out of a junction when the motorcyclist’s view was obstructed by a bank of earth

Issue

  • Could the local council be partly responsible for the incident by not removing a known hazard

Decision

  • No liability of the local council

Reasoning

  • No reliance was induced upon the claimant by the local authority, therefore no liability
  • Public authorities can only be sued if there is:
  1. An irrational non-exercise of power when there is a public duty to act
  2. Exception grounds for holding that compensation is payable
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