103Non-feasance protection for failure to carry out works

### 103 Non-feasance protection for failure to carry out works > > (1)  The Crown is not liable in proceedings in respect of a claim for any loss or damage arising from a failure of the Crown or a responsible manager to carry out, or consider carrying out, works on or in relation to a corridor, unless, at the time of the alleged failure, the Crown had actual knowledge of the facts creating the particular risk, the materialisation of which resulted in the harm. > > > (2)  This section does not operate – > > > > > > (a) to create a duty of care in respect of a risk merely because the Crown or a responsible manager has actual knowledge of the risk; or > > > > > > > (b) to make the Crown liable in respect of any act or omission of a corridor manager; or > > > > > > > (c) to create, in relation to a corridor, a duty of care on the part of the Crown if there is or was, at the relevant time, a corridor manager in respect of the corridor; or > > > > > > > (d) to affect any standard of care that would otherwise be applicable in respect of a risk.