Article
Reforming the action for breach of statutory duty in the 21st century: Reconsidering the ‘limited class of the public’ rule
Torts Law Journal
(2021)
Abstract
The common law action for breach of statutory duty lies at the intersection of
private law and systems of public regulation, by allowing an individual to sue
where rights created by statute have been infringed. Some courts and
commentators have argued that an element of the action, however, is the
requirement that the relevant legislation protect a ‘limited class of the public’,
and not the public at large. This article explores the origins and nature of this
suggested rule, argues that it has never been good law, and that it is now time
to clarify that this requirement should not be regarded as a part of the tort
action.
Keywords
- Torts,
- Breach of Statutory Duty
Publication Date
2021
Citation Information
N Foster "Reforming the action for breach of statutory duty in the 21st century: Reconsidering the ‘limited class of the public’ rule" (2021) 27 Torts Law Journal 29-50