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11 Cards in this Set
- Front
- Back
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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 |
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Wording of the statute |
§ Lorddu Parcq criticised lawmakers for failing to be more explicit in theirstatutes.§ In Cutler v Wandsworth Stadium. |
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Statutory duty and negligence |
LordHoffmann in Gorringe v Calderdale Statutory duties will seldom generate common law duties of care |
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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? |
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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 |
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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 |
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Establishing a claim |
lookingat the whole Act and the circumstances in which it was made Number of indicators |
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Confusion |
LordDenning MR: might as well toss a coin to decide if actionable |
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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 |
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Purpose of the statute |
Gorris v Scott |
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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 |
