Tort laws and the environment, Business Law and Ethics

Assignment Help:

Role of the Courts

The role of the court system in Canada varies. Due to the numerous jurisdictions and different government levels involved, the courts are often asked to intervene to settle jurisdictional issues. Interpreting legislation is a key role played by the court system. Courts are also instrumental in applying the law to environmental disputes when individuals launch civil suits. Tort Law is often used in cases of environmental damage. Some torts that are often used in environmental cases are nuisance and negligence. Often the principle of strict liability applies in environmental actions i.e., the very fact that the violation of an environmental law or regulation exists will mean that there can be no defence. In these civil cases, the plaintiff can seek damages for harm done and/or additional redress, such as an injunction which is a court order to stop someone from doing something.

Tort Laws and the Environment

The Tort Law of nuisance arises when someone unreasonably interferes with or disrupts the use or enjoyment of your property. For example, loud noise, smoke, water pollution, and odours that disturb the use and enjoyment of your property may be causes for a private nuisance civil action. A public nuisance occurs when a whole group is affected by an action. The common remedies for nuisance are monetary compensation and/or an injunction to stop the nuisance.

In negligence cases, reasonable care must be evident in order to avoid causing injury. To be entitled to compensation, the plaintiff must show that the defendant did not live up to the standard of care and that they should have anticipated the resulting damage. Evidence of physical harm or property damage must be demonstrated for compensation. Determining a reasonable standard and proving that the defendant should have foreseen the damages are difficult issues to prove in environmental cases.

In strict liability cases, the defendant is responsible for damages and loss caused by his/her acts or omissions, regardless of culpability. To avoid liability, the defendant must prove that all reasonable care was taken to avoid the damages.

1. Re-read through the content section regarding torts and provide an example of how each of these torts could be used in environmental law. You may want to review the Environmental Bill of Rights.


Related Discussions:- Tort laws and the environment

Business and company law, ali send an offer to bakar on 13/9/2010 by fax.on...

ali send an offer to bakar on 13/9/2010 by fax.on 14/9/2010 ali change his mind and revoke the offer by fax unfortunately bakar''s fax machine not working and ali call for bakar. b

Registers and documents - registered office, Registers and documents - regi...

Registers and documents - registered office: The following registers and documents are also kept at the company's registered office:- i.             The register of members

Legitimacy in your ethical life, 1 With reference to the material discussed...

1 With reference to the material discussed in class n in the reading over the last few weeks, I would like you to continue a fours on the ethical things that we can all do in our e

Form of reconstruction, Form of reconstruction: Where one company tran...

Form of reconstruction: Where one company transfers its undertaking (and assets) to another company in exchange for shares to be alloted direct or distributed to the members o

Statutory power - mergers and winding up, Statutory power - mergers and win...

Statutory power - mergers and winding up: It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure.  The liquidator's powers to reach a comp

Compare the different legal and procedural approaches, Direct Deliveries Li...

Direct Deliveries Limited (DDL). which is a company that specialises in selling a variety of goods to small independent retailers has grown quickly in the last three years.

What is the procedure for setting up a company, Question a) What is a...

Question a) What is a company? b) The Companies Act 2001, there shall be a Registrar of Companies. What are the functions of the Registrar? c) What is the procedure fo

Describe about the policy agenda setting, Describe about the Policy Agenda ...

Describe about the Policy Agenda Setting Agenda setting under direct democracy. Agenda setting concerns to the rules on the grounds of which policy proposals come up for a vote

Reduction of capital, Reduction of Capital:   4.1 The general rule ...

Reduction of Capital:   4.1 The general rule is that it is illegal for a company to reduce its capital. This is so because such a reduction would be tantamount to reducing

Registered office clause, Registered Office Clause:                   ...

Registered Office Clause:                          Section 5(1) (b) provides that the memorandum of association shall state that "the registered office of the company is to be

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd