Unit 4.4- Statutory Duty Flashcards
Steps for answering problem question?
1) Does the statute, if breached, allow a claim in tort?
2) Is there a duty under statute?
3) Has there been a breach of this specific statutory duty?
4) Damage
5) Causation
6) Relevant defences
What does Lonrho Ltd v Shell Petroleum Co say?
If statute protects ltd. ascertainable class, claim in tort can be brought
What is the position of a statute with sanction?
Less likely Parliament intended it to give rise to a civil claim in tort
What is the exception to the position regarding sanctions?
Groves v Lord Wimborne- rebuttable where;
- Size of penalty is inadequate compared to claimant’s loss
- Victim not entitled to receive all of this fine
What is the position where statutory duty coincides/ complements COMMON LAW?
More likely Parliament intended a cicil claim to be available
What are the presumptions for deciding whether statute allows claim in tort?
Statute protects ltd ascertainable class of people
Statute imposes a sanction- less likely parliament intended it to give rise to a civil claim in tort
Statutory duty coincides/ compliments common law- more likely P intended civil claim to be available
Context of statutory duty- serves general social welfare unlikely to give rise to a claim
What does Hartley v Mayoh & Co require?
For claimant to fall exactly within the protected class of people
What does Smith v Northamptonshire County Council require?
For the facts to fall exactly within the statutory wording
What kind of wording is needed in statute to impose strict liability?
Mandatory (‘shall’/ ‘must’)
What kind of damage can be covered?
The kind the statute was trying to prevent- Gorris v Scott
How is causation determined?
- Apply but for test
- Consider intervening acts
NB: no need for remoteness
What does Caswell v Powell Duffryn Associated Collieries Ltd tell us?
Courts slower to make a finding of CN against an employee working in factory- type conditions (noise, repetitive)
