In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.
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In order to answer the question, the terms must first be evaluated, and most importantly the term 'breach of statutory duty' must be explained: Some statutes lay out certain conditions that apply to certain groups of people, stating a certain manner in which things should happen, in order to protect a certain group of people to whom a duty of care is owed. If things are not kept the way the statute dictates, then there can be said to have been a breach of statutory duty. Let us look at an example: Statute Law sets the national speed limit as 70mph on motorways and if a citizen drives a…
- Court Case Number 15: Bowers v. Hardwick (June 30, 1986)
- Greenspan - The Case for the Defense
- In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.
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