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Tort Law

Tort Law (7th edn)

Kirsty Horsey and Erika Rackley
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date: 03 October 2022

p. 39714. Breach of statutory dutylocked

p. 39714. Breach of statutory dutylocked

  • Kirsty Horsey
  •  and Erika Rackley

Abstract

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

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