breach of statutory duty

Question 1

BREACH OF STATUTORY DUTY

Answer 1

In some instances, breach of a duty imposed by statute may give rise to a civil claim. If such a claim does exist, it is** en-
tirely separate from a claim in the tort of negligence.** (So, for example, a claimant may be unable to establish a successful claim in negligence, where liability depends upon proving
fault, but may nevertheless be able to succeed in a claim for breach of statutory duty).

Question 2

BREACH OF STATUTORY DUTY

STATUTES WHICH EXPRESSLY PROVIDE FOR CIVIL CLAIMS

Answer 2

Occupiers’ Liability Acts 1957 and 1984 ; and
Consumer Protection Act 1987

Question 3

2

STATUTES WHERE CIVIL CLAIMS ARE EXPRESSLY EXCLUDED

Answer 3

1. Section 47 of Health and Safety at Work Act 1974
   Section 47 excludes civil liability for breaches of the duties imposed on
   employers by the Act and by health and safety regulations
   made under the Act
2. As a result, injured employees will generally not be able to
   base a claim on breach of statutory duty, and instead will
   need to rely on the tort of negligence and establish fault on
   the part of the employer.

Question 4

STATUTES WHICH ARE SILENT AS TO CIVIL LIABILITY

Some statutes impose duties but do not state whether a
breach of those duties would give rise to a civil claim for
damages. In these instances, the court considers several
questions:

Answer 4

1. Did Parliament Intend the Statute to Give
   Rise to a Civil Claim?

Question 5

2

Did Parliament Intend the Statute to Give
Rise to a Civil Claim?

Answer 5

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

Question 6

4

Once the court is satisfed that the statute may give rise to a civil claim, the claimant must satisfy the following elements in order to establish a successful claim:

Answer 6

1. Did Claimant Fall Within the Class of Persons Protected by the Statutory Duty?
2. Was the Statutory Duty Breached?
3. Was the Damage Suffered by Claimant of a Kind Which the Statute Was Intended to Prevent?
4. Was Causation of Damages Established?