Professional Documents
Culture Documents
LAWS 2132
Small Group Session
Topic 8
SUBSTANTIVE LAW
Numerous statutes and regulations impose duties on the persons whom they regulate.
Where a person breaches a statutory duty imposed on him/her, causing injury to another
person, the injured person may be able to bring a tort action for breach of statutory duty.
However, not all breaches of statutory duty will support a tort action. The courts have
developed principles for determining if an action for breach of statutory duty should be
allowed.
It is important that you fully understand the policy and principles dealing with actions for
breach of statutory duty.
LEARNING OUTCOMES
Learn about the policy and principles relating to actions for breach of statutory
duty
Develop your case reading, analytical and comprehension skills
Develop your listening and presentation skills
LEARNING ACTIVITIES
Read
3. What initial presumption arises if the legislation provides a criminal sanction for
breach of any of its duties? Are there any exceptions to this initial presumption?
4. In determining if the legislation is for the benefit of a particular class, how have
the courts determined what constitutes a class?
5. What defences may be raised in an action for breach of statutory duty and how
have the courts treated the application of these defences?
Consider and discuss the issues raised by the following fact situation:
b. Employers shall ensure, so far as is reasonably practical, that all moving parts
of industrial machinery are protected by a safety guard.
Moses Wong owns and operates a printing factory. Two of his workers, Abraham Woo
and Josiah Tan, are one day assigned to clean the inside of the factory windows. Neither
is wearing a safety harness. Abraham is working 8 feet above the ground and Josiah is 15
feet above the ground. Josiah slips and falls on Abraham. Both fall to the ground and are
injured.
An accident investigation report finds that safety harnesses were available to Abraham
and Josiah.
An accident investigation report shows that the paper cutting machine could have been
fitted with a safety guard. Moses claims that the installation of a safety guard would be
very expensive and he could not afford the cost.
Josiah had been smoking whilst he was cleaning the windows. When he fell he dropped
his burning cigarette onto a pile of rags soaked in highly inflammable printing ink. The
rags soon ignite and the factory catches on fire. The fire spreads and damages a car
parked outside by Zacharia Cheung.
A fire services department report finds that the fire extinguishers in the factory were not
in good working order and this led to the fire spreading to the outside of the factory.