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What is 'breach of statutory duty'?

Solution What is 'breach of statutory duty'?

Acts of Parliament create 'statutory duties' which are added to the list of causes of action. Of course, some of these duties are designed to create criminal offences, and compensation or damages are not directly available for breach of such a duty. However, many other duties, if breached, create a 'civil liability', i.e. compensation by way of damages which will be awarded by the courts. If you, acting as claimant, use a statutory duty as a cause of action, you must be careful to bring the court's attention to the particular statute or set of regulations and prove that it applies to your case. You must then prove that the defendant has, by his action or inaction, breached the duty and that this has resulted in your injury and loss.
 
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Article details
Article ID: 96
Category: Personal Injury
Date added: 15-02-2009 07:25:46
Views: 617
Rating (Votes): Article rated 5.0/5.0 (7)

 
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