Statutes, whether regulations, legislative enactments, and other subsidiary laws govern practically every aspect of our daily lives. Statutes sometimes impose duties on persons and organizations and may impose severe penalties for noncompliance.

However, organizations and individuals may attempt to circumvent these rules, particularly if the statute imposing them does not specify a punishment for violation. The entity’s incapacity to comply with the statute, especially during an economic slump like COVID-19, may result in a Tort of breach of statutory duty.

This publication by Partner Godwin Omoaka, SAN, and Associate Nosakhare Iyamu, aims to briefly discuss the Tort of breach of statutory duty as a cause of action and highlight what a prospective Plaintiff must show to successfully obtain a remedy against a party in breach of statutory duty.