Breach of Statutory Duty

  • Created by: ElleW88
  • Created on: 11-12-19 17:39
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  • Breach of Statutory Duty
    • Normally indicated by a specific penalty which will be imposed if the duty is breached.
      • Those which specifically create new torts, either in substitution for common law duties or in addition to them.
      • Those which expressly exclude civil liability for breach of their provisions.
      • Those which are silent on the question of civil liability
        • Atkinson v Newcastle and Gateshead Waterworks 1877
    • Exceptions to the general presumption
      • Where the statute is for the benefit of a particular class of persons, that class have a co-relative right to sue in tort.
        • Where the statute created a public right, if a particular member of the public suffers particular, direct and substantial damage, different from that which is common to all the rest of the public, then he may sue.
          • Lonrho v Shell Petroleum Co Ltd 1981
      • The "class protection" statute
        • Rickless v United Artists Corporation 1988
        • X v Bedfordshire
        • Monk v Warbey 1935
    • Elements of the Tort
      • Existence of the duty
        • Chipchase v British Titan Products 1956
      • Duty to the Claimant: Does the statute intend protection to the claimant.
        • Hartley v Mayoh & Co 1954
        • Red v Croydon Corporation 1938
      • Type of damage
        • Gorris v Scott 1874
        • Donaghey v Boulton & Paul Ltd 1969
      • Standard of care and breach of duties: the standard depends on the wording of the section and can vary from reasonable-ness upwards.
        • John Summers & Sons v Frost 1955
      • Causation: evidence that the breach of statutory duty made no difference
        • McWilliams v Arrol 1962
          • Ginty v Belmont Building Supplies 1959
            • Boyle v Kodak 1969
    • Defences
      • Volenti non Fit Injuria; consent
        • I.C.I v Shatwell 1965
      • Contributory Negligence
        • Caswell v Powell Duffryn Colleries 1940


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