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Law Cases
Tort Law Cases
Breach of Statutory Duty Cases

Phillips v Britannia Hygenic Laundry [1923] 2 KB 832

Country:
United Kingdom
By Oxbridge Law Team
Bankes LJ

  • Defendant breached statutory rules on maintaining the condition of his car and as a result Plaintiff’s car was damaged.

  • CA denied that Plaintiff had a remedy beyond seeking the enforcement of the fine payable to the local authority by Defendant. 

Bankes LJ

  • The general rule (he really means presumption) is that no remedies are available except those stated in the act.

  • This is not an exception since there is no evidence that parliament intended there to be a private cause of action granted for breach of the duty, e.g. if this were the case a pedestrian injured by a car could claim simply if the lights at the front were red and not white (i.e. a minor breach of the regulations which aren’t really material) which is absurd. 

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