Duty of Care in Construction

Duty of Care In Construction

Statute Law states that the government has a duty to maintain the highways reasonably, no matter what provincial law says. The ministry has charge and direction of everything relating to highway maintenance. This includes: construction, repair, maintenance, alteration, improvement and operation of highways.

Case Law states that the government can be sued for negligence, but the liability of the government relies on the nature of the negligence. There is a clear difference between malfeasance and nonfeasance.

Malfeasance is the term used when something was done in a sloppy or negligent way. If the government ...