Statutory Duty

Question 1

To succeed with a claim of breach of statutory duty, the plaintiff must prove the normal elements of a delict:

Answer 1

The plaintiff must prove that compliance with a particular statutory duty is of direct interest to him and that the breach of duty has caused him harm.

Question 2

Courts look at the wording and purpose of the statute as a whole to determine:

Answer 2

o The objects sought to be achieved by the legislature,
o The nature of the powers conferred by the statute,
o The duties and procedures involved in the exercise of such powers, and
o The remedies available to persons harmed by a breach of duty.

Question 3

Factors that courts take into account when deciding whether the breach of a statutory duty is wrongful for the purposes of delictual liability:

Answer 3

• Could the plaintiff have averted the harm?
• Was the statutory duty intended to the benefit of the plaintiff as one of a specific class of persons?
• Was the harm suffered by the plaintiff of the type that the statute intended to guard against?
• Are there alternative remedies or sanctions for breach of statutory duty?
• What are the implications of recognising a delictual remedy for breach of the statutory duty?