ABSTRACT
This chapter identifies the general character of statutory torts and explains the circumstances in which these will give rise to civil liability. It analyses the area and explores the law to factual situations and reach conclusions as to liability. The final test for a claimant in respect of liability under a statutory duty in some senses mirrors the principle of remoteness of damage in normal negligence actions. Commonly statutory duties are regulatory in character and in the case of breach a body such as the Health and Safety Commission will bring an action leading to a criminal sanction, usually a fine. The most common actions in which a claim for breach of statutory duties is made is industrial safety law. In the case of breaches of statutory duties there is no single standard of care, since the standard is identifiable from the individual statutory provision, so the court must assess the exact standard by construing the statute itself.
