The Northwest Utility Co (NUC) received statutory permission from the government to lay electrical cables under residential properties.Ariana suffered severe injuries when she struck a buried cable while gardening.If Ariana sues for the tort of nuisance, NUC will be able to avoid liability on the basis of the defence of statutory authority
A) only if a nuisance was the inevitable result of performing the statutorily authorized activity.
B) as long as a nuisance was the probable result of performing the statutorily authorized activity.
C) as long as a nuisance was a reasonably foreseeable result of performing the statutorily authorized activity.
D) as long as it did not intentionally create a nuisance when performing the statutorily authorized activity.
E) only if Ariana knew of the statute when she was injured.
Correct Answer:
Verified
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