Add Papers Marked0
Paper checked off!

Marked works

Viewed0

Viewed works

Shopping Cart0
Paper added to shopping cart!

Shopping Cart

Register Now

internet library
Atlants.lv library
FAQ
  • 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

     

    Essays2 Law

2,49 € Add to cart
Add to Wish List
Want cheaper?
ID number:161852
 
Evaluation:
Published: 01.12.1996.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

In order to answer the question, the terms must first be evaluated, and most importantly the term 'breach of statutory duty' must be explained: Some statutes lay out certain conditions that apply to certain groups of people, stating a certain manner in which things should happen, in order to protect a certain group of people to whom a duty of care is owed. If things are not kept the way the statute dictates, then there can be said to have been a breach of statutory duty. Let us look at an example: Statute Law sets the national 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 means of a speeding fine. In this example, the citizen is breaching the statutory duty of care to not drive too dangerously that he or she owes to society. There is no question as to whether any common law action is possible because the statute expresses the civil action 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 damage as a result of the breach has the chance to succeed in an action for breach of statutory duty.…

Author's comment
Work pack:
GREAT DEAL buying in a pack your savings −2,98 €
Work pack Nr. 1255082
Load more similar papers

Atlants

Choose Authorization Method

Email & Password

Email & Password

Wrong e-mail adress or password!
Log In

Forgot your password?

Draugiem.pase
Facebook

Not registered yet?

Register and redeem free papers!

To receive free papers from Atlants.com it is necessary to register. It's quick and will only take a few seconds.

If you have already registered, simply to access the free content.

Cancel Register