BREACH OF STATUTORY DUTY. A tort in its own right. A complex area of law involving number of propositions. . Claims arise in tort for breach of duties created by statute to deal with a wide range of issues, often involving health and safety Note the overlap with employers’ liability
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BREACH OF STATUTORY DUTY
A tort in its own right
Cases turn on their own facts
Only if the statute imposes a duty on the defendant can a civil claim be maintained
Note possible reversal of burden of proof – to the advantage of the claimant