MLaw
Yes and yes.
Spanky
Usually they arise out of common law. But, duties have been legislated, such as the duty to stop at a red stoplite.
delboyir
they can but normally do not. duties under negligence law generally involve a breach of civil rights, for example if you allow your dog to leave your house and bite a neighbour then you can be in breach of statutory law, control of dogs legislation, common law, under previous similar cases which may form a legal precedent and tort where the neihghbour sues you in negligence, negligence law is generally outside of situations of contract by definition. common law has acted to develop rights in negligence to a far greater degree than statutory law, the whole area of negligence can be traced back to the british appeal case 2Donoghue and Stevenson"
U
Yes, the duty to not violate statutes (also ordinances and safety regulations) is a common law principal called Negligence Per Se.
Orignal From: Can duties under negligence law arise out of the common law and out of statutory law?
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