Question 1

'The truth is that in many cases the legislature has left the point open … the dividing line between the pro-cases and the contra-cases is so blurred that you may as well toss a coin to decide it'.
What is Lord Denning MR describing?

A) The process of 'divining' the intention of Parliament
B) The process of deciding whether a defendant has breached their duty of care
C) The process of deciding whether a claimant's loss falls within the scope of a statutory duty

A

Accepted Answer

Lord Denning MR is describing the process of 'divining' the intention of Parliament, highlighting the challenges and ambiguities that can arise in interpreting legislative intent.

Question 2

What did the Law Commission in its 2008 report, Administrative Redress: Public Bodies and the Citizen, suggest in relation to the ambit of breach of statutory duty?&#10;A) To abolish or significantly limit the ambit of breach of statutory duty as it applies to public bodies&#10;B) To abolish or significantly limit the ambit of breach of statutory duty in relation to all defendants&#10;C) To extend the ambit of breach of statutory duty as it applies to public bodies&#10;D) To extend the ambit of breach of statutory duty as it applies to in relation to all defendants

Accepted Answer

The Law Commission in its 2008 report suggested that the ambit of breach of statutory duty should be either abolished or significantly limited in relation to public bodies.

Question 3

Match Complete the case name for each of the following cases.&#10;-Lonrho Ltd v&#10;A) Shell Petroleum Co Ltd (No2)&#10;B) National Grid Electricity Transmission plc&#10;C) Lord Wimbourne&#10;D) Scott

Accepted Answer

The full case name is Lonrho Ltd v Shell Petroleum Co Ltd (No 2) [1982] AC 173.

Question 4

Match Complete the case name for each of the following cases.
-McDonald (Deceased) v

A) Shell Petroleum Co Ltd (No2)
B) National Grid Electricity Transmission plc
C) Lord Wimbourne
D) Scott

Accepted Answer

The case name is McDonald (Deceased) v National Grid Electricity Transmission plc, which concerned the death of a young boy who was climbing a tree that came into contact with an overhead power line owned by National Grid.

Question 5

Match Complete the case name for each of the following cases.&#10;-Groves v&#10;A) Shell Petroleum Co Ltd (No2)&#10;B) National Grid Electricity Transmission plc&#10;C) Lord Wimbourne&#10;D) Scott

Accepted Answer

The answer of Match Complete the case name for each...

Question 6

Match Complete the case name for each of the following cases.&#10;-Gorris v&#10;A) Shell Petroleum Co Ltd (No2)&#10;B) National Grid Electricity Transmission plc&#10;C) Lord Wimbourne&#10;D) Scott

Accepted Answer

Gorris v Scott is the correct match. This case is known for establishing the principle that a defendant cannot be held liable for damages that are not a foreseeable consequence of their breach of duty.

Question 7

In order to establish the tort of breach of statutory duty, in addition to the usual requirements relating to causation and defences, what needs to be established? Please select all that apply.&#10;A) The statute gives rise to a claim in tort law&#10;B) A duty is owed to the defendant&#10;C) The claimant has breached their duty of care&#10;D) The claimant's loss or injury falls within the scope of the duty

Accepted Answer

To establish the tort of breach of statutory duty, it is necessary to show that the statute in question gives rise to a claim in tort law and that the claimant's loss or injury falls within the scope of the duty imposed by the statute. It is not necessary to show that a duty of care is owed by the defendant or that the claimant has breached their duty of care.

Question 8

Section 69 of the Enterprise and Regulatory Reform Act 2013 establishes that a breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations is actionable, unless health and safety regulations provide otherwise.

Accepted Answer

Section 69 amends section 47(2) of the Health and Safety of Work Act 1974 by reversing the original section - which provided that a 'breach of a duty imposed by health and safety regulations shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise' with a presumption in the opposite direction: 'breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide' (s 69(3)).

Deck 14: Breach of Statutory Duty