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DEVOIR IMPOSE COMMON LAW [1 record]

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Record 1 2012-04-23

English

Subject field(s)
  • Tort Law (common law)
  • Law of Obligations (civil law)
  • Law of Contracts (common law)
CONT

But being based on the pretence that the civil claim is creature of the statute, the cause of action - "breach of the statutory duty" - is classified as distinct from any (often concurrent) claim for negligence (i.e. breach of common law duty). For whenever a penal statute lays down a standard of conduct for the purpose of preventing injury or loss, non-compliance is at least admissible as evidence of negligence (breach of the common law duty to take care).

French

Domaine(s)
  • Droit des délits (common law)
  • Droit des obligations (droit civil)
  • Droit des contrats (common law)

Spanish

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