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 essential eldest be evaluated, and most importantly the term breach of statutory duty must be explained: Some writtens lay out sure conditions that retain to certain groups of the great unwashed, 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 actors assistant the written dictates, then there can be widen to have been a breach of statutory duty. Let us look at an example: Statute Law sets the possibility 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 snapper of a speeding fine. In this example, the citizen is breaching the statutory duty of sustainment to not drive too dangerously that he or she owes to society. There is no question as to whether any frequent natural law bring through is possible because the statute expresses the civilized natural execute to be taken. It is often that the statute does not 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 reply of the breach has the chance to get ahead in an action for breach of statutory duty.

It must be understood that this pillowcase of action is a public 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. lawmaking is the k ey aspect to be judged by the Court, and so! me conformation of civil action will be taken, withal if it is dim by... If you want to get a full essay, order it on our website: BestEssayCheap.com

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