liability created by statute
- liability created by statute
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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.
Anderson, W.S..
1998.
Look at other dictionaries:
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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
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statutory liability — See liability created by statute … Ballentine's law dictionary
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