Other Municipality Applications 145/80, Vaknin v. Beit Shemesh Local Council, PD 37(1) 113, 139, it was stated:
"There are five elements of the tort regarding breach of statutory duty:
- A duty imposed on the tortfeasor by virtue of legislation;
- The legislation is intended for the benefit of the injured party;
- The tortfeasor has breached the duty imposed on him;
- The violation caused damage to the victim;
The damage caused is of the type of damage intended by the statute."
The person who claims to have committed the tort must prove that all these elements are met. In this context, it is stated in the continuation of this judgment in the Vaknin case (p. 144):
"Another condition for liability for breach of statutory duty - and this condition exists in any tort for which the damage is one of its foundations - is that it was the breach of duty that caused the damage. This means that there must be a causal connection between the breach of duty and the damage.
Even if it was proven that the vehicle left in a manner that violated the provisions of the aforementioned statutes, the existence of damage as a result of such departure was not proven, and no evidence was even brought in this regard. The existence of damage is part of the elements of the alleged tort, but damage was not proven at all in this case, and certainly no causal connection between any damage and the alleged performance of the tort was proven. This is sufficient to bring about the dismissal of the counterclaim for breach of statutory duty.
- In view of the above, the counterclaim should be dismissed.
- Conclusion:
The counterclaim is dismissed.
The main claim is accepted in part, in such a way that the defendant will pay the plaintiff the sum of ILS 30,000 plus shekel interest from the date of filing the main claim, June 2, 2021, until the actual full payment.
In addition, the defendant will bear the plaintiff's expenses in the sum of ILS 6,600 and the plaintiff's attorney's fees in the amount of ILS 10,000 plus ILS interest from today until the full payment is actually made.