In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.
Date Submitted: 08/07/2002 13:32:57
Category: / Law & Government / Law Issues
Length: 4 pages (1089 words)
Category: / Law & Government / Law Issues
Length: 4 pages (1089 words)
In order to answer the question, the terms must first be evaluated, and most importantly the term 'breach of statutory duty' must be explained: Some statutes lay out certain conditions that apply to certain groups of people, stating a certain manner in which things should happen, in order to protect a certain group of people to whom a duty of care is owed. If things are not kept the way the statute dictates, then there …
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…it is easier to claim than an action for negligence because neither proximity nor causation is required. The Courts have tended to be more reluctant to allow claims for breach of statutory duty to succeed in recent years, but sometimes it is a necessity in order to support the English legal system rather than undermine it.
Bibliography Textbook on Torts, Michael A. Jones, 7th Edition Casebook on Torts, Richard Kidner, 6th edition Lecture Notes, Term 1
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