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Failure to perform an act required by law. Until 1961, a highway authority guilty of nonfeasance by failing to carry out repair and maintenance was not liable for injuries caused because of this. It was, however, liable for misfeasance. The defence of nonfeasance was then abolished by statute, but an authority can plead instead the statutory defence that it took all reasonable care to secure that the highway was not dangerous.

Subjects: Law.

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