Breach of statutory duty

Question 1

When can a breach of a statutory duty prove tort liability?

Answer 1

If a statute imposes a duty under circumstances in which the claimant was injured, breach of that duty (ie occupier liability and consumer protection act) can be used to prove tort liability.

A claimant must show that:
- they are within the class of persons the statute intended to protect
- the damage suffered is of the type which the statute was designed to prevent