Pursuant to its statutory powers, a local council decides to carry out improvement works at a dangerous junction by trimming back roadside vegetation and repainting warning markings. During the works, workmen remove an old "Slow" sign and do not replace it. A week later, a motorist unfamiliar with the area collides with another vehicle at the junction and suffers serious injuries. The driver sues the council in Negligence.
Which statement best reflects the likely outcome?

Question

Pursuant to its statutory powers, a local council decides to carry out improvement works at a dangerous junction by trimming back roadside vegetation and repainting warning markings. During the works, workmen remove an old "Slow" sign and do not replace it. A week later, a motorist unfamiliar with the area collides with another vehicle at the junction and suffers serious injuries. The driver sues the council in Negligence.  
 Which statement best reflects the likely outcome?

Answer

The council is not liable because its decision to carry out road maintenance is always a discretionary public function.

Answer

The council is not liable because there is no duty to exercise a statutory power, even negligently.

Answer

The council is not liable because the risk of collision was obvious, and the driver should have taken more care.

Answer

The council is liable because highway authorities owe a general duty to keep all roads reasonably safe for drivers

Answer

The council is liable because in failing to replace the sign, it created a new danger.

Crowdly

Pursuant to its statutory powers, a local council decides to carry out improveme...

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