Terms of Reference
Participants
Summary of Recommendations

CHAPTER 1. THE COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
I. Introduction

A. The Community Law Reform Program
B. The Non-Feasance Rule
C. Background to this Reference

A. The Consultative Paper
B. The Commission's Response

CHAPTER 2. THE NON-FEASANCE RULE
I. Historical Development
II. The Rule
III. Limits of the Rule

A. Non-Feasance and Misfeasance
B. Source of Authority
C. Artificial Structures
D. Successive Authorities

A. The Commissioner for Main Roads and Local Councils
B. Other Authorities

CHAPTER 3. PUBLIC AUTHORITY LIABILITY
I. Introduction
II. General Principles of Liability for Non-Feasance
III. Public Authorities

A. Background
B. General Approach
C. Authorities in Control of Public Facilities
D. The Discretionary Function Immunity

A. Imposition of a Duty of Care
B. Nature of the Duty and Matters Relating to Breach

CHAPTER 4. APPRAISAL OF THE NON-FEASANCE RULE
I. Introduction
II. The Case for Abolition

A. The Immunity is Anomalous
B. The Hardship Created
C. Ambiguities in the Existing Law
D. The Rule Provides an Incentive Not to Repair

A. Compensation Payments and Insurance Premiums
B. Road Maintenance Costs
C. Administrative and Legal Costs
D. Experience in England and Canada

CHAPTER 5. RECOMMENDATIONS
I. Introduction
II. Actions for Personal Injury or Death

A. Abolition of the Non-Feasance Rule
B. Determining Liability
1. A Statutory Duty to Repair
2. A Statutory Duty to Take Reasonable Care
3. A Duty of Care Defined by the Common Law
4. Statutory Negligence Criteria
C. Determining Benefits
1. Transcover
2. Extension of Transcover
3. Contribution to the Transcover Fund

Appendix A: Submissions Received

Appendix B: Draft Legislation