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    Abstract Torts 1

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    Krishna Sankar
    This document provides an abstract for research on the defence of statutory authority in tort law. It begins by defining a statutory authority as a body established by law to enact legislation on behalf of a country or state. It then explains that statutory authorities can claim this defence if their authorized acts would otherwise be legal wrongs. Several examples of Indian statutory authorities are provided, such as those governing rail transport, public works, law enforcement, and more. The hypothesis is that the research will examine how statutory authorities use this defence positively and negatively, and how its implementation affects individual rights and societal interests. The goal is to analyze all aspects of the defence of statutory authority and draw a conclusion on its proper usage.

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    Abstract Torts 1

    Uploaded by

    Krishna Sankar
    102 views2 pages
    This document provides an abstract for research on the defence of statutory authority in tort law. It begins by defining a statutory authority as a body established by law to enact legislation on behalf of a country or state. It then explains that statutory authorities can claim this defence if their authorized acts would otherwise be legal wrongs. Several examples of Indian statutory authorities are provided, such as those governing rail transport, public works, law enforcement, and more. The hypothesis is that the research will examine how statutory authorities use this defence positively and negatively, and how its implementation affects individual rights and societal interests. The goal is to analyze all aspects of the defence of statutory authority and draw a conclusion on its proper usage.

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    This document provides an abstract for research on the defence of statutory authority in tort law. It begins by defining a statutory authority as a body established by law to enact legislation on behalf of a country or state. It then explains that statutory authorities can claim this defence if their authorized acts would otherwise be legal wrongs. Several examples of Indian statutory authorities are provided, such as those governing rail transport, public works, law enforcement, and more. The hypothesis is that the research will examine how statutory authorities use this defence positively and negatively, and how its implementation affects individual rights and societal interests. The goal is to analyze all aspects of the defence of statutory authority and draw a conclusion on its proper usage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views2 pages

    Abstract Torts 1

    Uploaded by

    Krishna Sankar
    This document provides an abstract for research on the defence of statutory authority in tort law. It begins by defining a statutory authority as a body established by law to enact legislation on behalf of a country or state. It then explains that statutory authorities can claim this defence if their authorized acts would otherwise be legal wrongs. Several examples of Indian statutory authorities are provided, such as those governing rail transport, public works, law enforcement, and more. The hypothesis is that the research will examine how statutory authorities use this defence positively and negatively, and how its implementation affects individual rights and societal interests. The goal is to analyze all aspects of the defence of statutory authority and draw a conclusion on its proper usage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ABSTRACT

    Subject: Law of Torts.


    Research Topic: The Defence of Statutory Authority.

    Introduction:
    A statutory authority is a body setup by law which is authorised to enact
    legislation on behalf of the relevant country or state. They are typically found in countries
    which are governed by a British style of parliamentary democracy such as The UK and British
    Commonwealth countries like India, Canada, Australia and New Zealand etc.
    If the legislature authorizes the doing of an act (which if unauthorized would
    be a wrong) no action can be maintained for that act, on the ground that no court can treat as a
    wrong which the legislature has authorized, and consequently the person who has sustained a
    loss by the doing of that act is without remedy, unless so far as the legislature has thought it
    proper to provide for compensation to him. No action lies for what is damnum sine injuria; the
    remedy is to apply for compensation, if any, provided by the statute legalising what would
    otherwise be a wrong.
    Significance of Study:
    The defence of statutory authority covers various statutory bodies like IRCTC
    (Indian Railways), Public Works Department, Municipal Administration, Panchayat Raj
    Department, Central Bureau of Investigation, Central Board of Direct Taxes(IT dept.) etc.
    There are few other statutory bodies or departments which assist the government in day to day
    administration which are less connected to people. They are as follows :
     National Human Rights Commission [NHRC]
     National Commission for Women [NCW]
     National Green Tribunal [NGT]
     Medical Council of India [MCI]
     Bar Council of India [BCI]
     Central Administrative Tribunal [CAT]
    These are some of the statutory authorities which perform functions and duties on behalf of
    Government of India. These bodies indulge in daily activities like transport of goods through
    railways, construction of roads under PWD, controlling legal education through BCI, routine
    administration of cities and towns through Municipal Administration Dept. and so on.
    Hypothesis:
    As discussed above, statutory authority acts as a strong defence for the Government
    and its employees to escape liability in certain cases like Vaughan Vs Taffy Wale Railway Co.
    (1860) 5H&N679. Sometimes Government may be held liable in certain cases only if authority
    overrides fundamental and legal rights or the act was done negligently on the part of its
    employees.
    The Government may often take the advantage of the defence and act as it wishes
    in certain situations which can override rights of individuals and society as a whole. The
    implementation of the statute plays a key role in such kind of situations whether to stop
    performing the supposed act or giving a go-ahead.
    Not always the statutory authority harms rights of individuals, but also it favours the
    society in many aspects like undertaking public works i.e. laying roads, constructing bridges
    and foot over bridges etc.
    On my research study of Defence of Statutory Authority, I would like to elaborate
    the working of the bodies, effect of statutory bodies on the society in a positive and negative
    manner, usage of defence and authority as a whole, discuss all the aspects of it, draw a
    conclusion on the usage and implementation of the defence.
    Citation:
     Ratanlal and Dhirajlal’s “The Law of Torts” for the broad definition of the defence.
     Several English and Indian case laws on the defence of statutory authority.
     Various statutory body’s statutes for their establishment and administration
    information.

    Submitted by:
    UPPULURI KRISHNA SANKAR
    18LLB116, Section - B
    Law of Torts, Semester – 1
    Damodaram Sanjivayya National Law University.

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