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11 Cards in this Set

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Liability

· statutoryduty tends to be a tort of strict liability.o




Stantonargues that it is a common, but not invariable, feature of the tort




Independent from negligence

Wording of the statute

§ Lorddu Parcq criticised lawmakers for failing to be more explicit in theirstatutes.§




In Cutler v Wandsworth Stadium.

Statutory duty and negligence

LordHoffmann in Gorringe v Calderdale




Statutory duties will seldom generate common law duties of care

Is there a private law cause of action?

o LordSteyn set out in Phelps v HillingdonBorough Council




Does the wording of the statute suggest a private law remedy?

Theory

Stanton: traditionally, statutory duties were actionable in tort




If Parliament created a duty, the common law would create a remedy for someone injured by breach of that duty




o This was cut back in X v Bedfordshire Country Council




Fears a takeover from negligence, meaning limitations - eg pure economic loss







Criticism

• Klar argues that courts put too much emphasis on the interpretation of the statute.o



And he argues they should put more emphasis on the relationship between the parties.




According to common law principles

Establishing a claim

lookingat the whole Act and the circumstances in which it was made




Number of indicators

Confusion

LordDenning MR: might as well toss a coin to decide if actionable

Key case

LordBrowne-Wilkinson in X v BedfordshireCounty Council




Presumption is no private cause of action




Unless it shows the duty confers protection o limited class




No other remedy a location




No single factor is decisive




In that case, social workers had a delicate task

Purpose of the statute

Gorris v Scott

Criticism

O’Sullivanhas noted the awkward situation of looking for intention when Parliament had failed to consider the matter




USand Canada have removed this tort.Assimilating it intonegligence




Law Com: presumption of duty unless Parliament says otherwise