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Article Summary

This practice note considers claims for damages for breach of statutory duty. A claimant who suffers loss or injury in circumstances where the defendant has breached a statutory provision may be able to claim damages in tort, even if the situation does not fall within an existing tort like negligence. The courts use several tests to determine whether liability should be imposed, including whether the provision was passed to benefit a particular class, whether the statute provided its own penalty, how specific the duty was, and whether the harm was within the risk the statute sought to prevent. Even where liability is strict, defences like contributory negligence may be available. The practice note also covers when a statutory duty provides a basis for ordinary negligence liability. It notes public authorities generally only owe a duty of care if imposing one would be consistent with the relevant legislation. The practice note concludes by discussing competition law breach claims.