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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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 |
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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 |
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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. |
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text |
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CHAN, Gary Kok Yew |
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CHAN, Gary Kok Yew |
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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 |
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Finding common law duty of care from statutory duties: All within the Anns framework |
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Finding common law duty of care from statutory duties: All within the Anns framework |
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finding common law duty of care from statutory duties: all within the anns framework |
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Institutional Knowledge at Singapore Management University |
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2016 |
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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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