Statutory duty, Breach

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. 

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. 

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. 

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. 

Any breach of the statutory duties imposed by either of the aforementioned Acts can result in the employer being involved in criminal proceedings. The penalties under the Health and Safety at Work Act include unlimited fines and imprisonment for up to two years, for prosecution on indictment. On average, twenty directors, managers, supervisors, employees are individually prosecuted per annum. No individual has yet been imprisoned, but suspended sentences - of up to one year - have been passed. The maximum fine, on summary conviction, for certain offences is 2000. 

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... 

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). Sometimes the Act is silent but the courts allow the action, as happened with FA and related regulations or the Act is silent but the courts deny a civil action. This happened with the Food and Drugs Act 1955 (which has now been consolidated with other enactments relating to food into the Food Safety Act 1990) when it was decided that the statute was not intended to add to a buyer s civil remedies for breach of contract or of negligence. 

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. 

---