Neil Foster, ‘Reforming the action for breach of statutory duty in the 21st century: Reconsidering the “limited class of the public” rule’

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.

€ (LexisNexis)

Neil 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.

First posted 2021-09-10 10:00:50

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