LLB102 Lecture Notes - Lecture 12: Contributory Negligence, Breach (Security Exploit), Personal Injury
WEEK 12 – Breach of Statutory Duty + Worker’s Compensation
BREACH OF STATUTORY DUTY
• Allows a private individual, who has been harmed as a result of a defendant
breaching a duty imposed upon them by statute, to recover damages for loss
suffered as a result
o Duty imposed on defendant by statute rather than common law
o Is an independent action to negligence (plaintiff can sue in both, but can
only recover damages once)
• Plaintiff must establish:
o Statute creates a private cause of action
o Plaintiff is a person for whose protection the statute was created
o Damage suffered by the plaintiff is of the kind the statute was created to
prevent
o Defendant is the person upon whom the duty was placed
o Defendant was in breach of the duty created by statute
o Defendant's breach of statute cause the plaintiff's damage
• Defences = contributory negligence
o May apply to reduce a plaintiff's damages if they contributed
• Remedy = compensatory damages
1. Is there a private cause of action?
o Question of law
o If it can be determined from statute that it intended to confer a civil
remedy, or the right in an individual to bring an action in tort for its
breach
o Express or inferred referral
o Private cause of action assumed (O'Connor v S P Bray):
i. If the legislation related to health and safety,
1. Doesn't apply to road safety legislation
ii. If a duty is already imposed in negligence
iii. If the section imposes a precise standard of conduct
iv. If the Act protects a specific class of persons rather than the
general public
v. If the Act doesn't impose a penalty, but can be rebutted if:
▪ Legislation relates to health and safety
▪ Nature of the damage for which the penalty is imposed
▪ An inadequate penalty compared to severity of breach
Is the plaintiff a person for whose protection the statute was created?
o Look at the intention or wording of the statute
o E.g. statute aimed to protect persons affected by lift operations (O'Connor
v S P Bray)
Is the damage suffered by the plaintiff of the kind the statute was created
to prevent?
o E.g. statute aimed to protect health and safety i.e. against personal injury
(O'Connor v S P Bray)
o On contrary, statute intends to prevent spread of disease, but plaintiff had
sheep washed overboard (Gorris v Scott)
Is the defendant the person on whom the duty was placed?
o Look at the intention or wording of the statute
o E.g. duty placed upon those responsible for the care, control and
management of the lift (O'Connor v S P Bray)
