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Discuss in what circumstances the action for breach of statutory duty is available. Do you agree that it is difficult to identify any intelligible principles in this area?
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"[S]uch is the difficulty of identifying any intelligible principles in this area [breach of statutory duty] that Lord Denning has remarked - perhaps not entirely in jest - that '[t]he dividing line between the pro-cases and the contra-cases is so blurred and so ill-defined that you might as well toss a coin to decide it' (Ex parte Island Records Ltd [1978] 1 Ch.122 at 135)." Discuss in what circumstances the action for breach of statutory duty is available. Do you agree that it is difficult to identify any intelligible principles in this area? "The common law principle of delictual liability may be supplemented or supplanted by delictual liability for breach of a statutory duty"1. In recent times the volume of legislation emanating from parliament has been ever increasing and so the area of statutory liability is of real importance and relevance to a vast number of people especially in terms of employment...
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