Professional Documents
Culture Documents
&
Breach of statutory duty
Scienter = knowledge
-statutes:
Criminal / semi criminal
Contravention -> penal fine/ imprisonment
Threat of penalty : increase compliance
Adequacy of remedy :
Monk v Warbey
Remedy was not adequate for the
circumsatnces
Civil action of breach of statutory duty
allowed
EXCEPTION
Industrial safety legislation: MORE WILLING TO FIND
legislative intent mostly approved
-> see if it protects workers?