#duty #law #negligence #tort
In such cases, the courts should look on the construction of the statute in question, and ascertain from it whether Parliament had granted a power to act, or a (mandatory) duty to do so. Here it appeared that Parliament had created a power to act, not a duty and, therefore, it had not intended a private individual to have a right to compensation. See also: West v Buckinghamshire County Council (1985) 83 LGR 449; Danns v Department of Health (1995) 25 BMLR 121.
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