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: Does SPCC owe Frank a duty of care? Rule: Neighbour test Donoghue v Stevenson Neighbour relationship Reasonable foreseeability . 7 A- B I > Application: Conclusion: 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: Does SPCC owe Frank a duty of care? Rule: Neighbour test Donoghue v Stevenson Neighbour relationship Reasonable foreseeability . 7 A- B I > Application: Conclusion