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
- 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.
- The "class protection" statute
- Rickless v United Artists Corporation 1988
- X v Bedfordshire
- Monk v Warbey 1935
- Where the statute is for the benefit of a particular class of persons, that class have a co-relative right to sue in tort.
- 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
- Ginty v Belmont Building Supplies 1959
- McWilliams v Arrol 1962
- Existence of the duty
- Defences
- Volenti non Fit Injuria; consent
- I.C.I v Shatwell 1965
- Contributory Negligence
- Caswell v Powell Duffryn Colleries 1940
- Volenti non Fit Injuria; consent
- Normally indicated by a specific penalty which will be imposed if the duty is breached.
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