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Title: Breach of Statutory Duty
Contributor(s): Clarke, Andrew (author); Devereaux, John (author); Werren, Julia C (author)
Publication Date: 2011
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Abstract: Statutes are made by parliament. They represent an entirely different genus of law from common law or judge-made law. Each provides a different source of power. The right of a plaintiff to sue under a statute derives from the statue itself; the right to sue under common law derives from the common law. One is a specific, exactly dated text (the statue); the other an historically informed body of rules and principles (the common law). ... Breaches of a statutory provision on the part of a defendant may be used in one or two ways by the plaintiff: 1. to add to the evidence that the defendant was negligent at common law on the basis of owing a duty of care, breaching that duty, and in doing so, causing damage; or 2. to in itself rise to a cause of action - breach of a statutory duty - which is separate and distinct from a common law negligence claim.
Publication Type: Book Chapter
Source of Publication: Torts: A Practical Learning Approach, p. 647-669
Publisher: LexisNexis Butterworths
Place of Publication: Chatswood, Australia
ISBN: 9780409331356
Field of Research (FOR): 180126 Tort Law
HERDC Category Description: B3 Chapter in a Revision/New Edition of a Book
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