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Words: | Submitted: Mon Jun 19 2006
... statutory duty. Exceptions to breach of statutory duty There are three exceptions to the rule applicable in the breach of a statutory duty. These are: 1. Protected class (Which includes minors) 2. Public rights (Which is the need for "Particular damage") 3. Special damage (Are given for damages that have been specifically proved) Remedies Due to the nature of some cases, the relevant statute may state explicitly if private action can be practised for the breach of the statute. It has to also be noted that under most statutes the possibility of civil action is left for the courts to implement from the statutory intention. It is known that statutes can be completely silent when it comes to remedies that could be implied. And so there is no reference to either civil or criminal sanctions that could be relevant or suitable to the persons responsible for the reach of statute. Leading authority In my opinion the leading authority in this ...
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