Private Right of Action

Question 1

What is a private right of action? (PRoA)

Answer 1

Private right of actions are claims that use statutes to establish that a duty is owed even if there is no common law duty owed

Question 2

What are the two types of PRoA?

Answer 2

Explicit: where private parties are explicitly told that they have the ability for a PRoA if someone fails to adgere to the statute
Implicit: not stated in statutes but they promote the abulity for a PRoA

Question 3

What is the three-part test set forth in Uhr?

Answer 3

1. Whether the plaintiff was a member of the class for whose particular benefit the statute was enacted
   Did the legislature want to confer a benefit on a class of individuals including someone like Uhr?
2. Whether the recognition of a private right of action would promote the legislative purpose
   They are trying to figure out what the purposes are
   Whether private litigation would promote those objectives
3. Whether creation of such a right would be consistent with the legislative enforcement scheme
   The court wants to make sure that it properly understands the portfolio of enforcement tools that the legislature had in mind when it adopted the statute

Question 4

How does PRoA differ from a common law negligence claim?

Answer 4

PRoA arises under a statute while common law arises under judge-made law

Question 5

How does ProA differ from the docrtine of Negligence Per Se?

Answer 5

ProA utilitzes the statute for a basis of the lawsuit where it determines the defendant’s obligations and express actions define the scope of relief
NPS is utilized once there is already a common-law claim established and the statute is utilized to determine the nature of the duty owed and the breach