TORTS - Statutory Liability

Question 1

What is statutory liability?

Answer 1

• May be instances where liability attaches to a defendant by virtue of Statute (Act of Parliament)

Question 2

What does the plaintiff need to prove?

Answer 2

• That the statute applied in the circs & that they suffered a loss or damaged allowed for by the statute.
• Not necessary to prove negligence or other breach of duty on part of defendant.

Question 3

Defences for statutory liability?

Answer 3

• Not absolute so allows for defences
• Onus would be on defendant to prove the application of defence

Question 4

What are the Statutes that may impose a liability?

Answer 4

1. Water Industry Act 1991.
2. Riot Compensation Act 2016
3. Animals Act 1971
4. Hotel Proprietors Act 1956

Question 5

Water Industry 1991?

Answer 5

• Imposes strict liability on water supplier in damage caused by water escaping from mains pipe.

Question 6

Defences available to Water Industry Act 1991?

Answer 6

• Losses caused wholly by action of the party who sustained the damage

Question 7

Riot Compensation Act 2016?

Answer 7

• Where damage caused by riot (defined by Public Order Act 1986), Police Authority have a liability in respect of damage caused.

Question 8

Animals Act 1971?

Answer 8

• Imposes strict liability in respect of injury or damage caused by an endangered species & in some other circs other animals

Question 9

Hotel Proprietors Act 1956?

Answer 9

• Doesn’t impose liability
• BUT allows for hotelier or innkeeper to limit their liability to £50 for any one item or £100 in total for any guest subject to their complying w e requirements set out in the act

Question 10

Defences available?

Answer 10

• Some available however, necessary for defendant to prove application of defence