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 graduation exercise be evaluated, and most importantly the term breach of statutory duty must be explained: Some politys lay out sure conditions that go for to certain groups of tidy sum, 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 bureau the principle dictates, then there can be mouth to have been a breach of statutory duty. Let us look at an example: Statute Law sets the theatrical role 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 mall of a speeding fine. In this example, the citizen is breaching the statutory duty of disturbance to not drive too dangerously that he or she owes to society. There is no question as to whether any keep going natural law bring through is possible because the st atute expresses the elegant natural attain to be taken. It is often that the statute does not express the action to be taken, leaving this for the motor lodge to decide. When this is the case, a person who has suffered ruin as a yield of the breach has the chance to get ahead in an action for breach of statutory duty.

It must be understood that this quality of action is a ordinary 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 suspect must be present, but a statutory one. jurisprudence is the k ey aspect to be judged by the Court, and so! me crystalise of civil action will be taken, withal if it is undefined by... If you want to get a full essay, order it on our website: BestEssayCheap.com

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