381. Breach of statutory duty.

The Factories Act 1961 imposed penalties for the infringement of its provisions1, but it did not expressly confer a right of action for damages in respect of injury sustained by a workman in an accident due to breach of statutory duty by the occupier or owner of the factory2. The civil right of action for breach of statutory duty3 arises if it is shown: (1) that there has been a breach of statutory duty4 towards the claimant, he being among the class of persons whom the statute is intended to protect5; and (2) that the damage or injury was