Finding common law duty of care from statutory duties: All within the Anns framework

This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should t...

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Main Author: CHAN, Gary Kok Yew
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2016
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Online Access:https://ink.library.smu.edu.sg/sol_research/1828
https://ink.library.smu.edu.sg/context/sol_research/article/3780/viewcontent/Finding_common_law.pdf
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spelling sg-smu-ink.sol_research-37802017-07-31T07:35:55Z Finding common law duty of care from statutory duties: All within the Anns framework CHAN, Gary Kok Yew This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated within the two-stage duty of care test in Anns v Merton London Borough Council which has been applied in Canada, New Zealand and Singapore. It further discusses how statutory duties may impact on the specific elements (proximity and policy considerations) within the Anns framework. The analysis will promote greater legal coherence in this complex area of tort law and thereby assist courts to better tailor their decisions in a more consistent and principled manner. 2016-05-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1828 https://ink.library.smu.edu.sg/context/sol_research/article/3780/viewcontent/Finding_common_law.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Tort Negligence Duty of Care Common Law Torts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Tort
Negligence
Duty of Care
Common Law
Torts
spellingShingle Tort
Negligence
Duty of Care
Common Law
Torts
CHAN, Gary Kok Yew
Finding common law duty of care from statutory duties: All within the Anns framework
description This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated within the two-stage duty of care test in Anns v Merton London Borough Council which has been applied in Canada, New Zealand and Singapore. It further discusses how statutory duties may impact on the specific elements (proximity and policy considerations) within the Anns framework. The analysis will promote greater legal coherence in this complex area of tort law and thereby assist courts to better tailor their decisions in a more consistent and principled manner.
format text
author CHAN, Gary Kok Yew
author_facet CHAN, Gary Kok Yew
author_sort CHAN, Gary Kok Yew
title Finding common law duty of care from statutory duties: All within the Anns framework
title_short Finding common law duty of care from statutory duties: All within the Anns framework
title_full Finding common law duty of care from statutory duties: All within the Anns framework
title_fullStr Finding common law duty of care from statutory duties: All within the Anns framework
title_full_unstemmed Finding common law duty of care from statutory duties: All within the Anns framework
title_sort finding common law duty of care from statutory duties: all within the anns framework
publisher Institutional Knowledge at Singapore Management University
publishDate 2016
url https://ink.library.smu.edu.sg/sol_research/1828
https://ink.library.smu.edu.sg/context/sol_research/article/3780/viewcontent/Finding_common_law.pdf
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