statutory authority

statutory authority

in the law of tort or delict, a defence to a claim that the defendant is acting under statutory authority. It is a defence even to nuisance, which is seen in England as a form of strict liability. If, however, an act could be carried out under statutory authority without creating a nuisance as well as by creating a nuisance, the plea will be unsuccessful if the nuisance-avoiding method is not taken.
References in periodicals archive ?
Northrop Grumman Systems is being awarded a non-competitive, indefinite-delivery/indefinite-quantity contract with a maximum ceiling value of $475,000,000 under the statutory authority of 10 U.
the parties agree that any residual reference to the council (not including references to basildon borough council as a statutory authority, including but not limited to planning authority, building control etc.
The court also disqualified him for 10 years from being elected or appointed as a member of any public body or statutory authority and government services.
Finally, she offers recommendations for expanding statutory authority to better tackle the problem of ocean noise pollution.
In 2014, the AICPA brought suit against IRS, claiming that IRS lacks statutory authority to implement the AFSP, that it acted arbitrarily and capriciously in adopting the program, and that it failed to engage in required notice and comment rule making.
Statutory authority of the IRS to regulate tax practice; and
Grassley and McCain described the significant statutory authority given to the secretary to increase the importation of prescription drugs under certain conditions, such as certification that the imported drug would be safe and reduce U.
Under current principles of applicable law and existing case law, a court of appropriate jurisdiction, in a litigated matter or proceeding, could conclude that NCUA's statutory authority permits the NCUA to establish the proposed two-tier RBNW requirement set forth in the Proposed Rule," the legal opinion said.
2013), which held that the IRS does not have statutory authority to regulate tax return preparers.
Department of Health and Human Services (HHS) almost brought Covered California hiring to a halt, by requiring Covered California to show that it had the statutory authority to collect employees' fingerprints and do background checks.
It is submitted that this letter has been written by Shri Katju, while being in the position of the Chairman, Press Council of India, which exudes an eloquent colour of his statutory authority.