Tort 6 - Breach of statutory duty

Question 1

What factors does the court consider if the statute is silent as to civil liability?

Answer 1

1. Parliament’s intention
2. If claimant fell within class of persons
3. If the statutory duty was breached
4. If damage suffered was the kind the statute intended to prevent
5. If causation of damages was established

Question 2

When deciding parliament’s intention, what will the courts consider?

Answer 2

1. Whether duty was imposed for protection of limited class of public
2. If statute provides other means of enforcement or remedies