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https://hdl.handle.net/1959.11/10254
Title: | Breach of Statutory Duty | Contributor(s): | Clarke, Andrew (author); Devereaux, John (author); Werren, Julia C (author)![]() |
Publication Date: | 2011 | Handle Link: | https://hdl.handle.net/1959.11/10254 | 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 9780409327717 |
Fields of Research (FoR) 2008: | 180126 Tort Law | Socio-Economic Objective (SEO) 2008: | 949999 Law, Politics and Community Services not elsewhere classified | HERDC Category Description: | B3 Chapter in a Revision/New Edition of a Book | Publisher/associated links: | http://trove.nla.gov.au/work/38161599 | Editor: | Editor(s): Andrew Clarke, John Devereux, Julia Werren |
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Appears in Collections: | Book Chapter |
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