Statutory Authority as a Defence in Tort Law

The defence of statutory authority in tort law operates on the principle that if an act causing damage is specifically authorized by legislation, the person or entity responsible for the act cannot be held liable for the resulting harm.

It recognizes that certain activities or functions carried out under the authority of the legislature may inherently involve risks or potential harm.

Elements of Statutory Authority as a Defence

To successfully invoke the defence of statutory authority, the following elements must be established:

Authorized Act: The act causing the damage must be specifically authorized by legislation. This means that the legislative body, such as the Parliament, has granted explicit permission or authority to perform the act. This authorization may be in the form of statutes, regulations, or other legal provisions.

Negligence Exclusion: The damage must not be a result of negligence on the part of the person or entity carrying out the authorized act. If negligence is involved, the defence of statutory authority cannot be invoked. Negligence refers to a failure to exercise reasonable care or breach a duty owed to others, resulting in harm or damage.

Limitation: Negligence vs. Authorized Act

It is essential to distinguish between damage caused by negligence and damage resulting solely from an authorized act when invoking the defence of statutory authority. While statutory authority provides protection against liability for authorized acts, it does not shield individuals or entities from liability if the damage is a direct consequence of their negligence.

For example, suppose a train accident occurs due to the negligence of the train driver, such as speeding or disregarding safety protocols. In such a case, even if Parliament authorizes the operation of railways, the defence of statutory authority would not apply because the damage resulted from the negligence of the driver rather than the authorized act itself.

Summary

The defence of statutory authority in tort law offers protection to individuals or entities when the damage is the result of an act authorized by legislation. It recognizes that activities performed under the authority of the legislature may involve inherent risks or potential harm. 

However, it is crucial to understand that the defence does not cover cases where negligence is involved. Damage resulting from negligence cannot be shielded by the defence of statutory authority, even if the act itself is authorized by law.