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Any breach of statutory duty should give rise to a cause of action in tort for any person who suffers injury, damage or loss as a consequence
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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"Any breach of statutory duty should give rise to a cause of action in tort for any person who suffers injury, damage or loss as a consequence." In this essay I will analyse and explain how statutory duties are breached, and clarify what happens as a result. In doing so I will also illustrate the cause of action for any person who suffers loss, damage or injury as a consequence. What is a breach of statutory duty? Before a defendant can be brought before a court on charges of breaching a statutory duty. The following element must be proven, or have evidence that the defendant has failed to comply with a statutory obligation, that they were legally obliged to fulfil or carry out. A breach of statutory duty is an independent tort, which is totally separate from the tort of negligence. There are three different types of category applicable to breach statutory duty. These are: 1....
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