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 ?
SRC is not the only statutory authority that has come under attack from Parliament.
The Wales Audit report added: "On its opening, the Council lacked the statutory authority to operate the Cafe and its decision was not supported by a clear and coherent business plan and as a result the decision was, in my view, unlawful."
Given that growing risk, we want to reiterate that, as of this date, Congress has not authorized war with Iran and no current statutory authority allows the U.S.
Superior Court Judge Anthony D'Elia said on March 26 that such payments "would create unacceptable possibilities for abuse and fraud and cannot be permitted for reasons of public policy." He said no statutory authority exists for givebacks under the Local Redevelopment and Housing Law (LRHL).
The rule was further modified in subsequent Supreme Court cases by declaring that tax refunds are not subject to legal interest in the absence of statutory authority and when there is no arbitrariness in the denial of the refund by the Commissioner of Internal Revenue.
59.692, and consequently, the statutory authority of towns to zone in shorelands.
("Risky Business: Should the FDA Pay Attention to Drug Prices?" Winter 2017-2018.) The cons they mention include lack of statutory authority and expertise.
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.S.Code 2304 as implemented by Federal Acquisition Regulation 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.
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.
That case highlights how the National Oceanic Atmospheric Administration (NOAA) has recently acknowledged the extent of the ocean noise pollution problem and has attempted to address that issue using existing statutory authority, such as the Marine Mammal Protection Act (MMPA).
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.