Torts - Breach of Statutory Duty PDF

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Breach of Statutory Duty...

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Thursday, 11 April 2019

Torts Breach of Statutory Duty!

- Does a statute confer a right to sue?! • O’Connor v Bray = Lift accident. There needed to be safety gear in lifts unless if person travelled in them. If a statute already contains a penalty provision, it is to assume that Parli already had a remedy in mind should X happen.!

- If there are other remedies avail to plaintiffs, it’s unlikely that the court will open up an avenue in Breach of statutory duty.!

- Is the legislation there to protect the public, or a specific group of people?! • Read v Croydon Corporation = Water contained typhoid. The parent got cash, the kid didn’t cause she wasn’t a ratepayer. Statute excluded her as it was specific to class.!

• Pask v Owen = Kid is given an air-rifle and shoots his 13 year old mate. No guns to prevented persons, parents breached duty.!

- Is the statute there to prevent the kind of harm suffered?! • Gorris v Scott = Sheep were to be in pens, there was no pens. The ship were swept ashore. The act was about contagious diseases not ship carriage.!

• Mummery v Irvings = No guards on machinery, something ejected. Act provided for every occupier of a factory should provide guards. The P was a visitor not an employee. Guards were to stop interaction inside a machine, not ejections as per the statute.!

- Is the statutory duty imposed on the nominated D?! • Darling Island v Long = The person in charge is to secure decking. The supervisor was that person. Parli set up vicarious liability legislation to make owners with the actual $$$ liable.!

• Galashields v O’Donnell = Lift wasn’t working properly. Lift needed to be properly maintained. The P didn’t come to the party telling the court what that was.!

- CLA s 43: Proceedings against public or other authority on statutory duty! - Wednesbury’s unreasonableness test. Created a ‘reasonable authority’.! - Basically it is really hard to breach statutory authority.!

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Thursday, 11 April 2019

- Did the breach cause the injury/! • John Pfeiffer v Canny = An unqualified person used machinery, they weren’t supposed to. Breach caused harm.!

Must have all of the elements to satisfy Breach of Statutory Duty! 1. Does the statute confer right to sue? (if there is a penalty or another right to sue there probably won’t be an action under the BSD tort)! 2. Is the P a member of a class of persons protected by statute?! 3. Is the statute directed at preventing the type of harm caused?! 4. Is the duty imposed on the D?! 5. Has the statute been breached?! 6. Did the breach cause the harm?! 7. CLA s 43 provides a limitation on avenues to sue

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