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Statutory Authority

The document discusses statutory authority and how acts authorized by statute are excused from tortious liability even if they would normally be considered a tort, as shown in the case of Vaughan vs Taff Valde Rail Co where a railway company was not liable for a fire caused by sparks from its engine despite damage to adjoining land.

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Sean Gabriel
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146 views1 page

Statutory Authority

The document discusses statutory authority and how acts authorized by statute are excused from tortious liability even if they would normally be considered a tort, as shown in the case of Vaughan vs Taff Valde Rail Co where a railway company was not liable for a fire caused by sparks from its engine despite damage to adjoining land.

Uploaded by

Sean Gabriel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Statutory Authority

Any damage arising out of an act that the law prescribes or the statute authorises will never become actionable even though in absence of such statutory authority it is an offence in tort.

An act that is approved by the legislature or is done upon the direction of the legislature is excused from tortious liability even though in normal circumstances, it would have been a tort. When an act is done under the authority of an Act, it is a complete defence and the injured party has no remedy except that is prescribed by the statute.

In Vaughan vs Taff Valde Rail Co 1860 , sparks from an engine caused fire in appellant's woods that existed in his land adjoining the railway track. It was held that since the company was authori ed to run the railway and since the company had taken proper care in running the railway, it was not liable for the damage.

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