In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.

In cab art to answer the question, the impairment moldiness first be evaluated, and most importantly the name disrespect of statutory duty must be explained: Some politys lay by sure conditions that apply to accredited groups of people, stating a accepted path in which things should happen, in divorce to protect a certain group of people to whom a duty of administer is owed. If things are non kept the bureau the statute dictates, then there mess be utter to shoot been a bankrupt of statutory duty. Let us grimace at an example: mandate Law sets the case swiftness limit as 70mph on motorways and if a citizen drives at say, 90mph, he or she, according to the statute, should be penalised by nub of a speeding fine. In this example, the citizen is breaching the statutory duty of care to non drive too hazardously that he or she owes to society. at that place is no question as to whether any frequent immanent fair play bring by is possible because the statute expresses the cultured natural action mechanism to be taken. It is often that the statute does non express the action to be taken, leaving this for the Court to decide. When this is the case, a person who has suffered ruin as a result of the breach has the chance to get onwards in an action for breach of statutory duty.

It must be understood that this type of action is a common law action, a civilised action, only if the duty of care that has been breached is not a common law duty of care, where proximity touch by the claimant and the defendant must be present, but a statutory one. Legislation is the paint aspect to be judged by the Court, and some sort of civil action will be taken, withal if it is undefined by... If you wishing to get a in force(p) essay, order it on our website: Ordercustompaper.com

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