Breach of Statutory Duty

Question 1

Breach of statutory duty is…

Answer 1

A separate tort - not a negligence action

Question 2

Elements

Answer 2

1. Does the statute create private cause of action? :O’Connor v S P Bray
2. Pl is a person for whose protection the statute was created
3. damage suffered by Pl is of a kind the statute was created to prevent: Gorris v Scott
4. Def is the person upon whom the duty was placed
5. Def was in breach of the duty created by statute.
6. defendant’s breach of statue caused the Pl’s damage: CLA ss 11, 12.

Question 3

Defences

Answer 3

Contributory negligence

Volenti

Question 4

Remedy

Answer 4

Compensatory damages

Question 5

1. Does the statute create a private cause of action?

Answer 5

• is there an express allowance for a provate cause of action
• is the statute silent on whether a provate cause of action is allowed?
• if silent, consider
• is the legislation related to health and safety?
• is the person on whom the duty is imposed already subject to a duty of care in negligence?
• does the section impose a precise standard of conduct?
• is a penalty imposed by the statute for breach?
• • penalty can be rebutted by legislation relating to health and safety; nature of the damage protected; adequacy of the penalty: O’Connor v S P Bray.

Question 6

5. Def in breach of the created by the statute

Answer 6

• scope of the duty
• nature of the duty
• absolute (strict liability)
• lack of reasonable care (negligence?): CLA ss 9, 36.