10. Breach of Statutory Duty

Question 1

How is a claim established if a statute expressly provides for the imposition of civil liability?

Answer 1

By applying the specific provisions of the statute

Question 2

What is the effect of a statute expressly providing that a duty imposed thereunder does not give rise to a civil claim?

Answer 2

A claim cannot be brought under that section

Question 3

If a statute is silent as to whether a duty thereunder gives rise to a civil claim, what five questions will the court consider?

Answer 3

1. Did Parliament intend to give rise to a civil claim?
2. Is claimant within the class of persons protected by the statutory duty
3. Was the statutory duty breached?
4. Was the damage suffered of a kind the statute was intended the prevent?
5. Was causation of damages established

Question 4

In considering whether Parliament intended to give rise to a civil claim, what two things will the court consider?

Answer 4

1. Whether the duty was imposed for the protection of a limited class of the public, and
2. Whether the statute provides any other means of enforcement or other remedies