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Multiple Choice

If a builder fails to comply with safety regulations and someone is harmed, which legal concept may be used to recover damages?

When a statute imposes a duty to protect people from harm, civil liability can arise if that duty is breached and someone is injured. In construction, safety regulations place a duty on builders to follow them. If a builder fails to comply and harm occurs, the injured party can pursue damages under breach of statutory duty because the statutory obligation was not met and that breach caused the damage. This is a civil remedy, distinct from simply relying on the existence of legislation, which is the law itself, or from the law of restitution, which deals with unjust enrichment, or from criminal law, which concerns offences and punishment. The breach of a statutory duty provides a specific path to compensation for the injury caused by not following safety requirements.

When a statute imposes a duty to protect people from harm, civil liability can arise if that duty is breached and someone is injured. In construction, safety regulations place a duty on builders to follow them. If a builder fails to comply and harm occurs, the injured party can pursue damages under breach of statutory duty because the statutory obligation was not met and that breach caused the damage. This is a civil remedy, distinct from simply relying on the existence of legislation, which is the law itself, or from the law of restitution, which deals with unjust enrichment, or from criminal law, which concerns offences and punishment. The breach of a statutory duty provides a specific path to compensation for the injury caused by not following safety requirements.