Statutory duty

As Guardians of the Water Environment , the National Rivers Authority (NRA) has statutory duties and powers to protect the aquatic environment from... 

Duty of Care Regulations outline a transfer note system from which the Environment Agency can trace the destination of waste and previous holders. The information required on a transfer note is illustrated in Eigure 17.2. In order to comply with the statutory duty of care in respect of waste the following procedures are advised in a Code of Practice ... 

Furthermore, the damage must be attributable to the negligent act. Any breach of a common law, duty of care or of a statutory duty, which results in injury or loss, may allow the injured person to initiate a claim for damages. 

In the very unlikely event that a major nuclear incident took place in the UK, it seems that the Nil would be able to prosecute the corporate body responsible for failures in statutory duty, and individuals for negligence. Presumably, this would follow a full technical enquiry by the Nil. 

Quickly finalise the technical and commercial conditions. This should be done after considering the landed cost of the items at premises after taking into account the statutory duties (if items are to be imported from another country) and any other costs involved for them (including unloading at site and storage). Take suitable steps to minimise the time required for loading and transport of such materials in suitable containers. 

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. 

This places a statutory duty of care on highway authorities to maintain public highways. In addition, local authorities have statutory road safety duties. 

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. 

When a statutory duty is broken there is liability for any penalty stipulated in the statute. In addition a person suffering damage from the breach may sometimes bring a civil action in tort to obtain compensation. Sometimes the Act specifies this (for example, the Consumer Protection Act 1987). 

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. 

---