Non-feasance vs Misfeasance CASES

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East Suffolk Rivers Catchment Board v Kent [1940] UKHL 3 (09 December 1940)

A public board took an excessively long time to repair a flood-damaged sea wall under its statutory powers. The claimant's land remained flooded for longer than necessary. The House of Lords held the board was not liable as it had not created the danger, only failed to efficiently remedy it. Facts Following exceptionally high tides and a strong gale in December 1936, a sea wall in Suffolk was breached, causing the respondents’ pasture land to be flooded with salt water. The appellant, a catchment board established under the Land Drainage Act 1930, had statutory powers to maintain and improve sea