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 cabaret to answer the question, the terms moldiness send-off be evaluated, and most importantly the term breach of statutory duty must be explained: Some commandments lay out sure conditions that gift to certain groups of community, stating a certain manner in which things should happen, in separate to protect a certain group of people to whom a duty of administer is owed. If things are non kept the berth the written dictates, then there can be chatter to have been a breach of statutory duty. Let us look at an example: Statute Law sets the personasetters case speed limit as 70mph on motorways and if a citizen drives at say, 90mph, he or she, according to the statute, should be penalised by ticket stub of a speeding fine. In this example, the citizen is breaching the statutory duty of trouble to not drive too dangerously that he or she owes to society. There is no question as to whether any universal natural law bring through is possible because the sta tute expresses the accomplished natural transaction to be taken. It is often that the statute does not express the action to be taken, leaving this for the hook to decide. When this is the case, a person who has suffered ruin as a effect of the breach has the chance to get ahead in an action for breach of statutory duty.

It must be understood that this type of action is a parkland law action, a civil action, but the duty of care that has been breached is not a common law duty of care, where proximity surrounded by the claimant and the defendant must be present, but a statutory one. order is the key aspe ct to be judged by the Court, and some cat! egorization of civil action will be taken, withal if it is vague by... If you want to get a full essay, order it on our website: BestEssayCheap.com

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