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Philosophy behind statutory immunity is :

  • A.that lessor private right must yield to the greater public interest
  • B.private interest can be comprised at any time
  • C.public interest is always private interest
  • D.statutory authority can compromise both public and private interest

Answer: A

The philosophy is that the lesser private right must yield to the greater public interest.

Statutory authority is a defence in tort: when a statute authorises an act, such as running a railway, the body acting under it is not liable for the harm that necessarily results, provided it acts without negligence. The justification is that the private right of the person harmed must give way to the public benefit the legislature has chosen to secure.

The other statements are wrong or distorted: private interest cannot be 'compromised at any time', public interest is not the same as private interest, and statutory authority does not license disregard of both.

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