Deck 14: Breach of Statutory Duty

Question 1

'The truth is that in many cases the legislature has left the point open … the dividing line between the pro-cases and the contra-cases is so blurred that you may as well toss a coin to decide it'.
What is Lord Denning MR describing?

A) The process of 'divining' the intention of Parliament
B) The process of deciding whether a defendant has breached their duty of care
C) The process of deciding whether a claimant's loss falls within the scope of a statutory duty

Answer 1

A

Question 2

What did the Law Commission in its 2008 report, Administrative Redress: Public Bodies and the Citizen, suggest in relation to the ambit of breach of statutory duty?

A) To abolish or significantly limit the ambit of breach of statutory duty as it applies to public bodies
B) To abolish or significantly limit the ambit of breach of statutory duty in relation to all defendants
C) To extend the ambit of breach of statutory duty as it applies to public bodies
D) To extend the ambit of breach of statutory duty as it applies to in relation to all defendants

Answer 2

A

Question 3

Match Complete the case name for each of the following cases.
-Lonrho Ltd v

A) Shell Petroleum Co Ltd (No2)
B) National Grid Electricity Transmission plc
C) Lord Wimbourne
D) Scott

Answer 3

A

Question 4

Match Complete the case name for each of the following cases.
-McDonald (Deceased) v

A) Shell Petroleum Co Ltd (No2)
B) National Grid Electricity Transmission plc
C) Lord Wimbourne
D) Scott

Question 5

Match Complete the case name for each of the following cases.
-Groves v

A) Shell Petroleum Co Ltd (No2)
B) National Grid Electricity Transmission plc
C) Lord Wimbourne
D) Scott

Question 6

Match Complete the case name for each of the following cases.
-Gorris v

A) Shell Petroleum Co Ltd (No2)
B) National Grid Electricity Transmission plc
C) Lord Wimbourne
D) Scott

Question 7

In order to establish the tort of breach of statutory duty, in addition to the usual requirements relating to causation and defences, what needs to be established? Please select all that apply.

A) The statute gives rise to a claim in tort law
B) A duty is owed to the defendant
C) The claimant has breached their duty of care
D) The claimant's loss or injury falls within the scope of the duty

Question 8

Section 69 of the Enterprise and Regulatory Reform Act 2013 establishes that a breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations is actionable, unless health and safety regulations provide otherwise.