... of a statutory duty may be raised in conjunction with, but distinct of that of a breach of duty at common law as stated by Lord Wright2 who said "A claim for damages for breach of a statutory duty....may stand or fall independently of negligence". The rationale behind that being, that it may be the case that a different standard of care is required for a successful action for breach of statutory duty as opposed to that required for a successful action raised under the common law. In the case of Millar v Galashiels Gas Co. Ltd3 an action based on the standard of care required by the common law failed as it was not proven that there was a lack of reasonable care, but the action based on a breach of the factories act succeeded due to the fact that the standard of care imposed by the statute was ...

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