STATUTORY AUTHORITY II GENERAL DEFENCE PART 8 II R.K. BANGIA II OBVIOUS HARM AND INCIDENTAL HARM

The damage resulting from an act, which the legislature authorizes or directs to be done, is not actionable even though it would otherwise be a tort.
OBVIOUS HARM AND INCIDENTAL HARM
1. Vaughan v. Taff Valde Rail Co.
Cockburn, C.J. observed3 : "When the legislature has sanctioned…the use of a particular thing, and it is used for the purpose for which it was authorized....the sanction of the legislature carries with it this consequence, that if damage results from the use of such thing...the party using it is not responsible."
2. Hammer Smith Rail Co. v. Brand
3. Smith v. London and South Western Railway Co.
Absolute and Conditional Authority
4. Metropolitan Asylum District v. Hill