Breach of Statutory Duty
Each year Parliament enacts a substantial number of statutes that impose duties on public bodies, private individuals and others. Some of these statutes specifically create a detailed scheme of civil liability of a tortious nature. The Occupiers’ Liability Acts 1957 and 1984, the Animals Act 1971 and the Consumer Protection Act 1987 are all examples. Claims brought under these statutes are often described as actions for breach of statutory duty. While there is nothing inherently wrong with this description, claims under these statutes do not create any of the problems normally associated with the tort of breach of statutory duty. The creation of an express tortious action in these cases is clear and the person who has suffered loss has his remedy in the statute.
Unable to display preview. Download preview PDF.