10. Breach of Statutory Duty Flashcards

1
Q

How is a claim established if a statute expressly provides for the imposition of civil liability?

A

By applying the specific provisions of the statute

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2
Q

What is the effect of a statute expressly providing that a duty imposed thereunder does not give rise to a civil claim?

A

A claim cannot be brought under that section

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3
Q

If a statute is silent as to whether a duty thereunder gives rise to a civil claim, what five questions will the court consider?

A
  1. Did Parliament intend to give rise to a civil claim?
  2. Is claimant within the class of persons protected by the statutory duty
  3. What the statutory duty breached?
  4. Was the damage suffered of a kind the statute was intended the prevent?
  5. Was causation of damages established
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4
Q

In considering whether Parliament intended to give rise to a civil claim, what two things will the court consider?

A
  1. Whether the duty was imposed for the protection of a limited class of the public, and
  2. Whether the statute provides any other means of enforcement or other remedies
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