Violation of a Statutory Rule
Violation of a Statutory Rule
Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law (public law) on the one hand and tort law on the other. If a nursery uses banned pesticides, or an engineer installs wires contrary to health and safety rules, or someone builds a house without proper licences, they violate statutory duties. In principle, such a violation gives rise to liability for the damage caused which means that, in all their variety, statutory rules are an important basis for establishing liability. However, the legal systems in Europe deal with this basis for liability in different ways. This chapter looks at how violation of a statutory rule is treated in the legal systems of France, England, and Germany; liability for breach of European Community law, and private right of action.
Keywords: tort law, private right of action, England, Germany, France, Europe, liability, breach
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