Breach of statutory duty

These costs are easily calculable when the omission has led to unintended consequences well identified and with a clear cause-effect relationship and are usually documented in the records of the reparative activity executed. For example, repair costs of a product under warranty as a result of not having executed the final inspection of the product or administrative penalty for breach of statutory duty in environmental management due to not having identified this legal requirement. 

There is some overlap between these categories, for example, statute law can rely on interpretations from common law and common law cases can rely on breach of statutory duty to support a claim. 

Denies the right of civil action based on breach of statutory duties placed by this Act. 

Following a road accident it is possible that a victim or claimant will make allegations against other parties involved in the accident. Occasionally, highway authorities, design consultants and Road Safety Auditors can become subject to specific allegations of breach of statutory duty or negligence. 

Although it is possible for criminal proceedings to be brought against those involved in Road Safety Audit, it is more likely that a claimant will sue in a civil court for a breach of statutory duty and/ or negligence. 

Civil law has a number of branches. Most relevant to this book are contract, tort (delict in Scotland) and labour law. A contract is an agreement between parties which is enforceable at law. Most commercial law (for example, insurance) has a basis in contract. A tort is a breach of duty imposed by law and is often called a civil wrong. The two most frequently heard of torts are nuisance and trespass. However, the two most relevant to safety law are the torts of negligence and of breach of statutory duty. 

Such interpretations affect the scope of the legislation, and of a civil action for breach of statutory duty. Breach of statutory duty and the tort of negligence are the two most frequent grounds for civil claims following accidents at work. 

Negligence and breach of statutory duty are two different torts, but both may be relevant following an incident. Bertha, injured at work because of an obstruction of the factory floor, might allege negligence plus breach of s. 28 of the Factories Act, and possibly succeed in both torts. She would not recover double damages because the remedy is compensation for actual loss suffered. 

The onus of proving negligence or breach of statutory duty and that this failure was the cause of the accident rests on the plaintiff except where the facts of any accident are such that the accident would not have occurred without negligence. This is the doctrine of res ipsa loquitur whereby the defendant must prove that the accident could have occurred without negligence on his part, for example see Scott v. London Dock Company [1865] 3 H and C 596. For a more modern approach to this concept and a discussion of the problems involved see Ward v. Tesco Stores [1976] 1 All ER 219. 

In contrast to the Public Liability Insurance policy it is not usual to impose a Limit of Indemnity to the Employer s Liability policy. It also usually includes cover for all costs and expenses incurred with the insurance companies consent and extends to include the cost of representation of the Insured at proceedings in a Court of Summary Jurisdiction arising out of an alleged breach of statutory duty resulting in bodily injury or disease which may be the subject of indemnity under the policy. 

For cases involving health and safety, civil disputes usually follow accidents or illnesses and concern negligence or a breach of statutory duty. The vast majority of cases are settled out of court . While actions are often between individuals, where the defendant is an employee... 

Restriction of Civil Liability for Breach of Statutory Duty Regulation 22... 

In a common law action centred on an alleged breach of statutory duty, if there has been a successful prosecution for the same breaA, the claimant s case is, effechvely, proved and the only matter to be resolved is the level of damages. However, if there has been no prosecution it is up to the claimant to prove the breach. 

Moreover, section 2 allows apologies, offers of treatment and other redress to be made to tiie claimant without prejudicing a defence against negligence or breach of statutory duty. The Act also allows the Minister to... 

The remaining regulations are of an absolute nature, which means that their requirements must be met regardless of cost. Nevertheless, in the event of a criminal prosecution for an alleged breach of statutory duty under one of these regulations, regulation 29 allows a defence to be pleaded that all reasonable steps were taken and all due diligence was exercised to avoid the commission of the offence. 

Health and safety improvennent notice - this notice may be served by a heaith and safety enforcing officer when, in their opinion, there has been a breach of statutory duty or that there is likeiy to be a breach of statutory duty. For example, if risk assessment records have not been recorded or specified training has not been completed. 

As previously discussed senior managers and directors have specific personal liabilities placed upon them by the HSWA and the RRFSO. Section 37 of the HSWA and Article 32(8) RRFSO allow that, in addition to the liability of a corporate body to be prosecuted for a breach of statutory duty, an individual manager may also be prosecuted for the same offence. 

These three facts must be established by an injured employee before he is entitled to bring a claim for damages, although, in the case of breach of statutory duty ((b) above), he merely has to show that the breach of that duty was the material cause of his injury. It is essential that the breach of duty caused the injury or occupational disease (causation). Breach of duty need not be the exclusive cause, but it must be a substantial one, i.e. materially contribute to the injury or ill-health condition. 

There are three levels or types of duty imposed by statute, which allow different responses to hazards. These are absolute duty, duty to do what is practicable, and duty to take steps that are reasonably practicable. Over the years, a body of case law has built up which gives guidance on the meaning of these duties in practice. Mostly, the cases have been decided in common law, in the course of actions for personal injuries which were based on alleged breach of statutory duty. 

In a police investigation of a severe accident, the investigators will look for breaches of statutory duties and other evidence of criminal negligence or wilful criminal acts. When addressing the question of culpability, the investigation will produce defensive reactions on behalf of the individuals and the organisation concerned. These reactions will counteract openness and trust and will obstruct the learning process. 

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