• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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?

Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  • Essay length: 2966 words
  • Submitted: 19/06/2006
Share this essay:
University Degree Tort Law

The first 200 words of this essay...

"[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 and safety within employment. As is evident from the name, statutory duties are different from the common law duties but an action for the breach of a statutory duty may be raised in conjunction with, but distinct of that of a breach of duty at

Read more
The above preview is unformatted text

Found what you're looking for?

  • Start learning 29% faster today
  • Over 150,000 essays available
  • Just £6.99 a month

  • "
    This site has helped me a lot with my coursework because it has enabled me to think, find evidence and explain my literature texts. Thanks to this site I have started receiving A* and As in English.
    "
    Zoia, London. GCSE Student. 'English, Science, RE, Geography, History.'
  • "
    Markedbyteachers.com is the most informative, easy to navigate site that I have used, acquiring a wealth of information to assist with my degree.
    "
    Natalie. Criminology, Politics, Psychology and Economics. University Student.

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.