Statutory Tort - Tort Law
Similar in nature to any other tort, statutory torts impose duties upon private or public parties, however the legislature, and not the courts create them. A prime example of the practicalities involved with this kind of tort is provided for by the Occupiers’ Liability Acts of 1957 and 1984 so as to mean that, by way of illustration, a shopowner who has people in their shop owes a minimum duty of care for people’s safety and is further supplemented by the decision in Cooke v. Midland Great Western Railway of Ireland [1909] AC 229.
Therefore, with this in mind, whilst it is also to be appreciated that statutory torts spread across workplace health and safety laws, the law in this area is ostensibly centred upon issues of trespass so long as there is sufficient intention and physical invasion in keeping with the decisions in Entick v. Carrington (1765) 19 St Tr 1029 and British Railways Board v. Herrington [1972] AC 877 to lead to ensuing duties regarding the protection and safety of those that venture onto the property.
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