liability created by statute – a liability created by statute, as opposed to one created by contract

     This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 – Torts, Breaches of Contract, and Assessing Liability >>>> Liability >>>> General Classifications for Various Types of Liabilities:

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liability created by statute:

1.A liability created by a statute which discloses an intention, express or implied, that from disregard of the statutory command, a liability for damages wlil arise which would not exist bur for the statute. Schmidt v Merchants Despatch Tramp. 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. [1]

1. A liability created by statute, as opposed to one created by contract; a liability that would not exist except for the statute creating it. [1]

References:

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[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[2]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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