Tort 9: Breach of Statutory Duty

Question 1

When can breach of a statutory duty give rise to a civil claim?

Answer 1

1. if statute expressly provides for civil liability
2. if statute is silent on civil liability:
   Then courts will consider:
   - whether the duty was imposed for the protection of a limited class of the public; and
   - whether the statute provides for any other means of enforcement or other remedies.

Question 2

What elements must a claimant establish for civil liability if courts decided a silent statute gives rise to this?

Answer 2

Claimant must show:

1. they are in class of persons protected by statute
2. the standard of care given in statute was breached
3. the damages suffered was of a kind which the statute intended to prevent
4. causation of damages is established (as normal)