What is Statutory Right?
How do you legally define it?
What are the essential elements you should know!
In this article, we will break down the legal definition of Statutory Right so you know all there is to know about it!
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Table of Contents
What is Statutory Right
What is the meaning of a statutory right?
A statutory right is a legal right granted to a person or entity under statute or under the law.
The statute can be a federal statute, a state statute, or other.
When we say “statutory”, the term refers to the “law” or “legislation”.
In other words, a statutory right is a “legal right” given to someone or entity through the enactment of laws by the legislative body or government.
When do Statutory Rights apply
Statutory rights are the minimum rights guaranteed by law and will apply when the conditions or elements outlined explicitly in the law are materialized or present.
For example, in the context of consumer protection laws, the merchants are statutorily required to provide consumers certain guarantees or warranties concerning their purchase.
The law will define the minimum warranties and guarantees depending on the type of contract signed.
In some cases, the law will even impose on the merchant to make its clients (the consumers) aware of their legal rights by explaining what rights a consumer may invoke in law.
For this reason, you’ll see quite often the phrase “this does not affect your statutory rights” in a company’s terms and conditions or contract.
They put that because the law may prohibit a merchant from deviating from the minimum obligations set in law or contractually alter the rights granted by law.
Statutory Right definition
How do you define statutory rights?
The statutory rights definition can be defined as follows:
A right that has been granted or conferred by law
To say “statutory right” refers to legislative text based on which a right or privilege is granted.
We must oppose legislative rights from other rights derived in common law, equity, or other means such as policy or customs.
Constitutional rights are rights granted by the U.S. Constitution or a country’s constitution.
These rights are also considered “statutory” rights and will typically be regarded as fundamental rights.
For example, constitutional rights will generally relate to civil rights and other fundamental rights such as:
- Protection against discrimination
- Freedom of expression
- Freedom of religion
Statutes enacted by the legislator must comply with the fundamental requirements of the constitution.
In other words, a federal or state statute cannot violate or conflict with the requirements of the Constitution.
Statutory Right Example
What are some examples of statutory rights?
Let’s look at a couple of examples to illustrate the point.
Example 1: Right to refund
Consider the scenario where a consumer is given the right to get a full refund based on the consumer protection laws.
In that case, if the conditions required by law are present, a consumer will have the statutory right to claim a refund.
Example 2: Employment rights
In certain jurisdictions, employment laws grant employees many rights.
Most employment laws grant rights by statute to employees to claim a minimum number of vacation days per year of service worked in an organization or demand to change their working hours.
Example 3: Perfect tender rule
Under the Uniform Commercial Code, the law grants a buyer the right to demand and insist on a “perfect tender” which means the seller must deliver the goods purchased based on the buyer’s quantity, quality, and delivery specifications.
Example 4: Right to access documents
A law may grant rights to a person or entity to request and access any documents, paperwork, records, or other material held by a company on them (data protection laws).
The statute may also allow citizens to request records and paperwork from public bodies such as the city council meeting minutes, whether for public or private meetings.
So what are Statutory Rights?
How do you define statutory right?
What is the meaning of having a right under the statute?
Let’s look at a summary of our findings.
If you enjoyed this article on Statutory Right, we recommend you look into the following legal terms and concepts. Enjoy!
Related legal terms
Civil rights laws
Statutory Power Of Attorney
Statutory Warranty Deed