liability created by statute

A liability created by a statute which discloses an intention, express or implied, that from disregard of the statutory command, a liability for damages will arise which would not exist but for the statute. Schmidt v Merchants Despatch Transp. Co. 270 NY 287, 200 NE 824, 104 ALR 450, reh den 271 NY 531, 2 NE2d 680. A liability which would not exist but for the statute. See Fidelity & Deposit Co. v Lindholm (CA9 Cal) 66 F2d 56, 89 ALR 279. A liability that comes into being solely by statute and has no existence prior to the enactment creating it. Steel v National Surety Corp. 74 Ariz 193, 245 P2d 960, 32 ALR2d 1236. A cause of action recognized for centuries by the common law cannot be regarded as a "liability created by statute" within the meaning of a statute of limitations. Fratt v Robinson (CA9 Wash) 203 F2d 627, 37 ALR2d 636. When the statute merely defines, in the interest of the general public, the degree of care which shall be exercised under certain specified circumstances, it does not "create" a new liability, but merely changes the standard which must be applied in an action to recover damages caused by lack of care. 35 Am J1st M & S § 467.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • liability — The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility,… …   Black's law dictionary

  • liability — The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility,… …   Black's law dictionary

  • liability — li·a·bil·i·ty /ˌlī ə bi lə tē/ n pl ties 1: the quality or state of being liable 2: something for which one is liable: as a: a financial obligation: debt tax liability the bonds …   Law dictionary

  • statute — A formal written enactment of a legislative body, whether federal, state, city, or county. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative… …   Black's law dictionary

  • statutory liability — See liability created by statute …   Ballentine's law dictionary

  • Online Copyright Infringement Liability Limitation Act — OCILLA redirects here. For the town in Georgia, United States, see Ocilla, Georgia. Online Copyright Infringement Liability Limitation Act Full title To amend title 17, United States Code, to implement the World Intellectual Property Organization …   Wikipedia

  • European Company Statute — The Council Regulation on the Statute for a European Company of the European Union was adopted October 8 2001. [ Official Journal of the European Union L 294, 10 November 2001, pp. 1 21.] [ [http://europa.eu/eur lex/pri/en/oj/dat/2001/l 294/l… …   Wikipedia

  • Strict liability (criminal) — In criminal law, strict liability is liability for which mens rea (Latin for guilty mind ) does not have to be proven in relation to one or more elements comprising the actus reus (Latin for guilty act ) although intention, recklessness or… …   Wikipedia

  • Occupiers' Liability Act 1984 — Parliament of the United Kingdom Long title An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the U …   Wikipedia

  • Limited liability company — This article is about a U.S. specific business entity form. For limited liability companies in the United Kingdom, see Limited company. For a general discussion of entities with limited liability, see Corporation …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.