Statutory Duty
Statutory Schemes
There is a vast amount of statute law which creates obligations and duties and rights for persons and businesses in a range of contexts. The existence of a statutory duty does not necessarily mean that damages can be recovered by a person who suffers loss or damage where there has been a breach by a State authority or private person or business on whom the duty is placed.
Many specific obligations under road traffic, health safety and welfare at work, landlord and tenant and children legislation have been recognized as creating a right of action for breach.
In many cases, the statutory scheme of regulation and the obligations it creates will clarify or define what constitutes negligence in the circumstances. It may set the current standards with which the defendant must comply in that field.
Occupational Safety
There is extensive regulation in relation to workplace health and safety, which sets detailed minimum standards and duties. Even if a breach of the specific duty does not by itself gives rise to a right to damages for breach, it may be highly material in the circumstances in defining the standard of the reasonable employer for the purpose of the law of negligence.
Formerly, the Health Safety and Welfare at Work legislation provided specifically that the more general obligations do not create a right of action. This provision has not been re-enacted in the latest reconsolidation of the general statute.
Road Traffic
The issues frequently arise in employment and road traffic claims, which represent a high proportion of all civil claims. Many employment and road traffic claims are e based both on negligence and breach of specific statutory duties.
Equally, there is a wide range of regulations governing motor vehicles and road use. In particular, the rules of the road reflect general road traffic regulations, which provide specific rules of conduct for driving and road use.
Many road traffic accident claims can be attributed in whole or in part to a breach of general or specific road traffic regulations or a combination. Once again, even if the specific rule or principle is not interpreted as creating a duty, it will often be relevant in defining the standards with which a reasonable road use must comply for the purpose of liability in negligence.
Interpretation
The question of whether the breach of a statutory duty which causes loss or damage to another gives rise to a right of compensation, is a matter of statutory interpretation. In some, but relatively few cases, the statute will provide specifically whether or not there is a right of compensation for breach of duty. However, in almost all cases, it is necessary for the courts to interpret the statute in the event that a matter arises in a particular case.
In interpreting statutes in this context, the courts will seek to infer there an intention can be implied on the part of the lawmakers that breach of the duty or obligation should give rise to a right of compensation for those who thereby suffer loss or damage. A number of techniques of interpretation are commonly employed.
Sanctions
The courts often consider the sanctions and enforcement mechanism expressly provided by the statutory scheme. There may be criminal and /or civil sanctions and penalties. There may be provision for administrative enforcement with criminal sanctions for their breach.
The legislation may provide its own machinery for enforcement. The existence of comprehensive sanctions may lead the court to conclude that they are intended to be the exclusive remedies for breach.
In some contexts, the courts interpret the existence of a penalty or civil sanction as implying that there should not be a separate civil action available for the same breach. However, in many other contexts, the existence of criminal or civil sanctions has not caused the courts to conclude that no private right of action was intended. The matter will be determined by the subject matter of the legislation in its context.
Who Protected
Where the statute is made for the benefit of the public generally, as opposed to a particular class of that public, it is less likely to be interpreted as creating a right of action. Where the statute creates a right for a limited or relatively limited class of persons, then all things being equal, it is more likely to be interpreted as creating a right of action.
Many bodies in the public sector, such as housing authorities, have broad objectives and duties. The ability to fulfil these duties in individual cases may be limited by available resources. There may be subject to significant budgetary constraints. Such duties and obligations are less likely to be interpreted as providing for an enforceable right of action.
The more detailed and specific the obligation, the more likely it is to be recognized as creating a civil claim. Rights to damages for breach of detailed statutory obligations by employers in the areas of occupational health safety and we have been frequently recognised.
Provision of Statute
Some schemes of legislation establish regulatory and enforcement bodies with powers to give effect to duties and obligations. Where such bodies provide a mechanism for enforcement, then this will tend to imply that there is no intention that there should be a right to damages for breach of duty.
Claim for Breach
Where the statutory duty to the claimant gives a right to damages for breach, then in order to establish liability, there must be a breach of the statutory duty which has caused loss or damage to the claimant. The requirements are broadly similar to those that apply in the case of a claim based on negligence.
It must be proved that there has been a breach of the statute, which has caused the loss. The breach must be of a type which is intended to give a right in damages and must not be incidental. It must be of the type at which the legislation is aimed. The breach must cause the loss. General causation principles apply.
In some cases, the claimant must be a person whose benefit the law has been enacted. Where the statute is for the benefit of the public at large, it is less likely to form the basis for a right to claim damages for breach. Where it is interpreted as protecting a limited class of persons, the claimant must be within that class in order to recover his loss and damage.
In some cases, the statutory duty may be an absolute or unconditional duty. In other cases, it may provide or imply that the person or maybe a duty to use his best endeavours or reasonable endeavours to comply with his obligations. In this case, it must be proved that the defendant has failed to reach the requisite standard.
It may be argued that it is a bar to a claim that the claimant is itself in breach of civil or criminal law.
Breach & Contributory Negligence
Breach of statutory duty by the claimant is not itself not contributory negligence for the purpose of apportionment of liability under the Civil Liability Act. Where the claimant breaches of duty link to publish at It may be that these claimants breach duty has consequences that but this will not necessarily be the case.
Some breaches of statutory duty will be incidental, for example, not having wealth tax if the purpose of the statute is to raise revenue, for example, rather than encourage the safety of road users, the breach will not defeat the claims.
If, however, the breach is got to do with a statute designed to prevent injury, e.g. obligation to wear a seat belt or crash helmet, there will be contributory negligence, and the damages claim will be reduced. On the other hand, in the employment context, this is not the approach and most duties cannot be delegated by an employer to an employee .
References and Sources
Irish Books
Tully Tort Law in Ireland 2014
McMahon & Binchy Law of Torts 4ed 2013
McMahon & Binchy Case Book on the Law of Torts 3ed 2005
Connolly Tort Nutshell 2ed 2009
Quill Torts in Ireland 4ed 2014
Fahey Irish Tort Legislation 2015
Healy Principles of Irish Torts 2006
EU and UK Texts
Lunney, M. and K. Oliphant Tort law: text and materials. 5ed 2013
Peel, Edwin, Goudcamp, James Winfield and Jolowicz on tort 19 ed 2014
Horsey, K. and E. Rackley Tort law. 6ed edition 2019
Deakin, S., A. Johnson and B. Markesinis Markesinis and Deakin’s tort law 7ed 2012
Giliker, P. Tort 5ed 2014
McBride, N.J. and R. Bagshaw Tort law 6ed 2018
Steele, J. Tort law: text, cases and materials 4ed 2017
O’Sullivan, J., J. Morgan, S. Tofaris, M. Matthews and D. Howarth Hepple and Matthews’ tort: cases and materials 7ed 2015
Horsey, H. and E. Rackley Kidner’s casebook on torts 13ed 2015
Clerk & Lindsell on Torts 22ed 2019
Charlesworth & Percy on Negligence 14ed 2019