The common law action for breach of statutory duty allows an intersection between private law and systems of public regulation, by allowing an individual to sue where rights created by statute have been infringed. One of the most controversial elements of the action, however, is the requirement that the relevant legislation protect a ‘section of the public’, and not the public at large. This paper explores the origins and nature of this rule, and suggests that it may be time to abolish this requirement as a part of the tort action.
Neil J Foster, “Reforming the action for Breach of Statutory Duty in the 21st century: reconsidering the “section of the public” rule”. PRIVATE LAW IN THE 21ST CENTURY CONFERENCE, BRISBANE 14-15 DEC 2015. Brisbane, Qld Dec 2015.