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The defendant Board had the statutory power to repair sea walls but was under no duty to do so. A high…

Following East Suffolk Rivers Catchment Board v. Kent, where a public authority has a mere statutory power, not a duty, to act, its negligent or delayed exercise of that…

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The defendant Board had the statutory power to repair sea walls but was under no duty to do so. A high tide broke the sea wall and flooded the plaintiff's land. The Board sent an inexperienced man with poor equipment and the repair work took almost six months to complete. It was proved that with reasonable skill it could have been completed in about two weeks. The defendant is :

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Correct answer D

Following East Suffolk Rivers Catchment Board v. Kent, where a public authority has a mere statutory power, not a duty, to act, its negligent or delayed exercise of that power does not create an actionable duty of care towards those who would have benefited from prompt action, so the Board is "Not liable in negligence as they owed no legal duty to take care towards the plaintiff".

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