84Wrongful exercise of or failure to exercise function

84 Wrongful exercise of or failure to exercise function (1) This section applies to a proceeding for damages for an alleged breach of statutory duty by a public authority in connection with the exercise of or a failure to exercise a function of the authority. (2) For the purpose of the proceeding, an act or omission of the public authority relating to a function conferred on the public authority specifically in its capacity as a public authority does not constitute a breach of statutory duty unless the act or omission was in the circumstances so unreasonable that no public authority having the functions of the authority in question could properly consider the act or omission to be a reasonable exercise of its functions. (3) For the purpose of the proceeding the public authority is not liable for damages caused by the wrongful exercise of or failure to exercise a function of the authority unless the provisions and policy of the enactment in which the duty to exercise the function is created are compatible with the existence of that liability. (4) Despite subsection (1), subsection (2) does not apply to a statutory duty that is imposed as an absolute duty on the public authority to do or not to do a particular thing. S. 85 inserted by No. 102/2003 s. 3.