answer the question

The South Park City Council (SPCC) were performing work on the underground water pipes. They dug a large hole in the footpath in order to repair the water pipes. The council erected a small fence around the hole to protect pedestrians, but they failed to attach lights so that the fence would be visible at night. As a result Frank, a pedestrian, walked into the fence at night and suffered cuts to his head. Frank wants to know if he can act against SPCC. Issue: Did SPCC breach their duty of care towards Franks? (Assume that SPCC owed a duty of care towards Frank). NOTE: YOUR ANSWERS DO NOT HAVE TO FOLLOW THE IRAC FORMAT. TO ACHIEVE THE MAXIMUM MARKS, MAKE SURE TO CITE RELEVANT CASE LAW AND EXPLAIN WHY THE CASE LAW IS RELEVANT