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  • The Amyland rail company laid down tracks over the land of Ambrish. One day, the sparks from the train set fire to the woods belonging to Ambrish. This caused a great loss to Ambrish because his la

The Amyland rail company laid down tracks over the land of Ambrish. One day, the sparks from the train set fire to the woods belonging to Ambrish. This caused a great loss to Ambrish because his land was taken away and his woods were also destroyed. He filed a case against the railway company for damages and to get compensation for his loss.

Option: 1

Amyland rail company will have to pay for the damages caused to Ambrish.


Option: 2

Amyland rail company will not have to pay for the damages caused to Ambrish as they are protected by the defense of statutory authority.


Option: 3

Amyland Rail company will not have to pay damages because there was no negligence on there part.


Option: 4

Both B and C .


Answers (1)

best_answer

Statutory authority is the authority derived from a statute or legislation. When legislation is passed, empowering a person to commit a certain act, that authority granted by the statute is a defence against liability for torts. In the present case, no negligence can be proved on part of the rail company. The spark caused the fire as it reached the woods causing loss. Moreover, the rail company is protected by the defense of statutory authority. Hence the correct answer is d. 

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