s. 101 means a failure to exercise reasonable negligence care. 98 Effect of this Part This Part is not to be construed as derogating from any duty or liability that a person other than a road authority, infrastructure manager or works manager has under any other Act or at common law. Division 2—Negligence Pt 6 Div. 2 (Heading and ss 99–106) inserted by No. 39/2004 s. 270(1). 99 Application of Division S. 99 inserted by No. 39/2004 This Division applies to any claim for damages s. 270(1). resulting from negligence in relation to the performance or non-performance of a road management function, regardless of whether the claim is brought in tort, in contract, under statute or otherwise. 100 Application of Part XII of Wrongs Act 1958 S. 100 inserted by No. 39/2004 This Division is to be construed as being in s. 270(1). addition to and not in derogation of Part XII of the Wrongs Act 1958. 101 Principles concerning performance of road S. 101 inserted by management functions No. 39/2004 s. 270(1). (1) In determining whether a road authority, infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the Wrongs Act 1958)—
negligence means a failure to exercise reasonable care. 98 Effect of this Part This Part is not to be construed as derogating from any duty or liability that a person other than a road authority, infrastructure manager or works manager has under any other Act or at common law. Pt 6 Div. 2 (Heading and ss 99–106) inserted by No. 39/2004 s. 270(1). Division 2—Negligence S. 99 inserted by No. 39/2004 s. 270(1). 99 Application of Division This Division applies to any claim for damages resulting from negligence in relation to the performance or non-performance of a road management function, regardless of whether the claim is brought in tort, in contract, under statute or otherwise. S. 100 inserted by No. 39/2004 s. 270(1). 100 Application of Part XII of Wrongs Act 1958 This Division is to be construed as being in addition to and not in derogation of Part XII of the Wrongs Act 1958. S. 101 inserted by No. 39/2004 s. 270(1). 101 Principles concerning performance of road management functions s. 101 (1) In determining whether a road authority, infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the Wrongs Act 1958)—
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