Statutory Authority as Defence to Torts

Statutory Authority is part of one of the general defences in torts. The general defences are described under the law of Torts as an exception under which a person doesn't have to take responsibility for certain actions and not be accountable for them. When a tort is committed during an act authorized by the legislature or carried out according to its directives, statutory authority defence is provided against both evident and consequential harm.

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This Story also Contains

1. Meaning of Statutory Authority in Tort
2. Origin of Statutory Liability
3. Development of Statutory Liability in India
4. Statutory Authority Examples
5. Sovereign Powers
6. Non-Sovereign Powers
7. Statutory Authority and Public Nuisance
8. Statutory Authority and Negligence
9. Statutory Authority Case laws
10. Conclusion

Meaning of Statutory Authority in Tort

Statutory authority is defined as power that comes directly from the legislature. If someone exercising that power causes injury to another person, it does not constitute a crime and no action can be taken.

Even though the act would have qualified as a tort in ordinary circumstances, it would not be under tort law if there was statutory permission. If there is a provision for compensation for that specific act, it can be given to the person; if not, it cannot. This statutory authority grants the state the ability to act for the welfare of the people, and if any harm is inflicted upon any person throughout that process, that person will also be exempt from that specific act.

This justification can be used to prevent overt harm, which is when the actions have obvious negative effects. in addition to collateral damages, which are the unintended or unexpected results of the permitted behaviour.

This defence is based on the idea that people shouldn't be held accountable for legal actions they perform. Even in cases where the activities would otherwise be considered torts, the legislative authority is considered to offer an adequate rationale or defence for them.

Origin of Statutory Liability

Several historical causes came together to create immunity from tort responsibility for actions taken under statutory authority. Tort liability has historically been linked to blame. Early forms of criminal law gave rise to tort law. By permitting civil action, the harmed party was kept from taking matters into his own hands and pursuing revenge. Once the plaintiff received a monetary settlement, her tumultuous emotions calmed down. Cries for vengeance gave way to arguments for damages made by lawyers on behalf of their clients.

However, without any fault, liability could not exist. The idea was that there has to be some guilty conduct for recovery to occur. It was nearly impossible to make someone pay for damages if all they were doing was following the law. Consequently, the courts were unable to place responsibility in cases when actions that infringed on private rights were authorized by the law. This was among the factors that promoted the immune system's growth.

If the defendant's conduct was not reckless and he was performing a "duty imposed on him by the legislature, which he is bound to execute," he would not face consequences. The courts were hesitant to treat the agents as ordinary private citizens, even in cases when Parliament had permitted them to perform certain tasks. The efficacy of Parliament would be compromised if this were to happen. Individual liberties were thus forfeited to maintain democracy.

Development of Statutory Liability in India

The State is granted sovereign immunity under Article 300. Sovereign functions include maintaining the armed forces, defending the country, and maintaining peace while retaining territorial integrity. These tasks fall within the state-only task category. Even if the state has several functions, not all of them are sovereign. Sovereign functions can encompass not only legislative and administrative authorities but also public functions such as law enforcement.

When it came to the state's obligation resulting from a tortious act performed by public personnel, "Peninsular and Oriental Steam Navigation Co. v. Secretary of State for India" was one of the first cases to recognize the distinction between sovereign and non-sovereign functions. However, there are no set rules for determining whether a function is sovereign or not.

In this case, it was held that when it is outside its purview, this decision established that the state and company cannot be held accountable when exercising sovereign tasks. Additionally, "section 65 of the Govt of India act 1858," which imposes equal obligations on the secretary and the firm, served as the impetus for this lawsuit.

Statutory Authority Examples

The defence of statutory power grants the defendant immunity from the charges made against him. However, for the act to fall inside the purview of statutory defence, certain requirements must be met. What is meant by the statute? How is the defence of statutory authority fully satisfied by an act? Does the plaintiff have a right to get compensation? In this part, we'll attempt to address these queries.

The concept of eminent domain is fundamental to the government's authority to seize an individual's property. Private property may be used by the state to guarantee everyone's safety. The Latin phrase that triggers this is salus populi suprema lex esto, which means "the welfare of the people is the paramount law." It lays down the obligation of the state to defend the interests of the people in their entirety.

The public's welfare is prioritized above all else, and it is acceptable to neglect a minor individual right in favour of a larger benefit for the general good. This is comparable to the defence of statutory power. The defence of legislative power may be invoked when a statute authorizes a behaviour or conduct, but it may also encompass the unavoidable consequences of any action.

The plaintiff is entitled to damages if the act is not permitted by law and there is any harm. However, if someone acting per a statute does something for which he is not authorized or goes beyond the scope of his employment, he cannot claim statutory authority, and the state will not be held accountable because the person was not acting in the course of his employment at the time the wrong was committed.

Sovereign Powers

When a tortious act is committed while using a power granted by the federal, state, or local governments, or any department operating under them, it is considered an exercise of sovereign power, and any action taken against the wrongdoer will be deemed unlawful.

Non-Sovereign Powers

Non-sovereign powers are defined broadly as any act or function performed in the conduct of undertakings that may be carried out by private persons without possessing such power, although the term is not defined by statute. Even if someone does tortuous conduct without authorization from a sovereign body while working for the government or one of its departments, they are still subject to legal action.

Statutory Authority and Public Nuisance

Any conduct that violates the personal rights of another person in a way that causes him to be harmed or irritated is considered a nuisance. There are two types of nuisances: private and public. Private nuisance is a civil violation, whereas public nuisance is covered under criminal law. A legitimate defence against a private nuisance is statutory authority. Undertakers may be exempt from culpability when acting under a mandatory or statutory obligation if the tortious act they do is specifically mandated to be carried out per the statute's instructions.

In the case of Department of Transport v. North West Water Authority

In this case, it was held that Should the statute have a distinct nuisance clause, the defendant may be held liable as the immunity of statutory authority is no longer applicable. However, the defendant's immunity will be dissolved and he could be held accountable if the actions are beyond the scope of the statute.

Statutory Authority and Negligence

Negligence occurs when a neighbour is injured as a result of a breach of the duty of care given to them, for which the neighbour is held liable. Any person who might be directly impacted by another person's actions and to whom that person owes a duty of care may be considered a neighbour. Negligence results from mishandling, careless handling, or failure to fulfil the obligation of care. It is only possible to assert the defence of statutory authority if the act is executed without any negligence. The defendant's defence of statutory power will be nullified by any misconduct, malfeasance, or noncompliance, and they will be held liable.

Statutory Authority Case laws

In the case of P.&O. Steam Navigation Co. v. Secretary of State

In this case, The Court defined the sovereign functions, i.e., no action may be brought against the Government if a public official committed a tort while doing their sovereign duties.

In the case, Vaughan v. The Taff Vale Railway Company

In this case, the plaintiff's woodlands caught fire due to sparks from an engine that belonged to the defendant's railway company. The defendant was ruled not accountable by the courts since the corporation used reasonable care and complied with the statute, therefore the defence of statutory authority was granted.

also, check - General defences in tort Notes PDF

Conclusion

The Statutory Authority under the Law of Torts is a defence provided to a person under which certain acts done by a person will not make them liable for actions. The Statutory Authority lays down that when a person acts in compliance with the laws given in a statute he will not be held liable for the actions. If the statute gives power to a person who is under the ambit of the statutes and acts according to the powers given by the Statute he will be protected by the laws of the statutes.