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Bouba Received Special Permission Under the Radio and Satellite Signal

Question 42

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Bouba received special permission under the Radio and Satellite Signal Reception Act to erect a radio beacon on his property.The statute specified a number of technical requirements, but it did not impose requirements or restrictions regarding the height, shape, size, or location of the beacon.Bouba built a very tall beacon at the edge of his property, about 10 metres from a house that belonged to Virginia on the neighbouring piece of land.That beacon toppled over during a snowstorm and crashed through Virginia's roof.She has sued Bouba for the tort of nuisance.He argues, however, that he is protected by the defence of statutory authority.Is he correct? Explain your answer.

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The defence of statutory authority will ...

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