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11 Cards in this Set

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· 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?


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


• 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


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


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