Breach of Statutory Duty in UK Law

  • Legislating Dangerously: Bad Samaritans, Good Society, and the Heroism Act 2015
    • No. 80-1, January 2017
    • The Modern Law Review
    The Social Action, Responsibility and Heroism Act 2015 is a troublesome statute. The Act requires that, when considering a claim brought against a defendant in negligence or for breach of statutory...
    ... ... against a defendant in negligence or for breach of statutory duty, the court must assess whether ... ...
  • REDUCTION OF DAMAGES FOR CONTRIBUTORY NEGLIGENCE
    • No. 18-4, July 1955
    • The Modern Law Review
    ... ... of strict liability, such as breach of statutory duty or under the ... ...
  • The Effect Of Penal Legislation In The Law Of Tort
    • No. 23-3, May 1960
    • The Modern Law Review
    ... ... impossible to predict when statutory standards of behaviour will be ... 2a upon a breach of statutory duty, because the statute ... ...
  • NOTES OF CASES
    • No. 50-4, July 1987
    • The Modern Law Review
    ... ... to be in breach of its statutory duties so as to cause ... 2); and inducing breach of statutory duty (tort 3). But tort 3 was also relied ... ...
  • The Last Bastion Of Fault? Contributory Negligence In Actions For Employers' Liability
    • No. 42-6, November 1979
    • The Modern Law Review
    ... ... employee often has a claim for breach of statutory duty and many of the ... ...
  • Court of Appeal rules on the scope of s.47 of the Financial Services Act 1986
    • No. 7-4, April 1999
    • Journal of Financial Regulation and Compliance
    • 385-387
    In a 1999 Court of Appeal decision it was held that s.47 of the Financial Services Act 1986 (the Act) did not create a new, wider duty of disclosure than that already existing at common law or in e...
    ... ... 1986 (the Act) did not create a new, wider duty of disclosure than that already existing at ... regarding impending losses at Lloyds in breach of the common law duty to act in utmost good ... (ie the impending losses) in breach of a statutory duty which they claimed was imposed under s.47 of ... ...
  • Public Authority Liability: Stifling the Common Law
    • No. , June 2009
    • Edinburgh Law Review
    • 481-484
    ... ... The statutory framework was provided by the Registered Homes ... the powers conferred by statute, owed a duty of care in negligence. The answer given by the ... between the law on actions for breach of statutory duty and common law negligence. In ... ...
  • IMPLIED STATUTORY PROHIBITION OF CONTRACTS*
    • No. 38-5, September 1975
    • The Modern Law Review
    ... ... trap for con- tracting parties which it is the duty of the rational judge or legal adviser to circumvent. In ... , any person.” Criminal penalties were provided for breach of the regulations. See now the Exchange Control Act 1947, s ... ...
  • House of Lords
    • No. 34-4, October 1970
    • Journal of Criminal Law, The
    ... ... Under the Act, the judge has no duty to direct separate trials unless ajoint trial of ... 304) it was claimed that a breach of the Act had been committed in the following ... prepared so to hold), no breach of statutory duty had occurred, because it had been shown ... ...
  • House of Lords
    • No. 56-1, February 1992
    • Journal of Criminal Law, The
    ... ... wrongly been put in a strip- cell, in breach of the Prison Rules, claimed damages from the ... the Home Secretary for breach of statutory duty or for false imprisonment. The claim ... ...
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