摘要: |
The statutory basis for winter service provision varies across the UK. To consider the modern law relating to highways it is necessary to understand the historical perspective. Historically, the duty to maintain a highway passing through any district fell upon the inhabitants of that area. Such a duty having been imposed, it would have been too burdensome to impose civil liability in respect of a failure to maintain the highway. Nevertheless, with respect to a positive act that caused damage to the highway, such as the digging of an excavation, liability would attach. As the country became industrialised and motor transport developed, it became too onerous for the inhabitants of a district to bear the burden of having to repair the highway. |