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

Liability of maker of a promissory, Liability of Maker of a Promissory ...

Liability of Maker of a Promissory Conversely S.89 provides such with the maker of a promissory notice through making it: like (a) Engages such he will pay it according to

Critically analyze the steps while dealing ethical dilemma, Question: a...

Question: a. An Ethical dilemma is a complex situation that often involves an apparent mental conflict between moral imperatives, in which to obey one would result in transgre

Non-judicial and judicial adr neutrals, "The liability of third party neutr...

"The liability of third party neutrals has been a topic of concern ever since the formalisation of dispute resolution in Australia.  Although there are no known cases in Australia

Defining phoenix activity, Stakeholders felt the working definition was bro...

Stakeholders felt the working definition was broadly appropriate. It was also noted that the Treasury definition, used as the working definition, has been endorsed by the ATO. A nu

Explain the sovereign of state immunity, Explain the sovereign of state imm...

Explain the sovereign of state immunity Immunity relates to the sovereign of state immunity and act of state doctrine. This is the most complicated immunity available and relat

Determine the implications of the legislature, Determine the implications o...

Determine the implications of the legislature Policy outcomes are the result of legislative bargaining. So policy becomes a compromise between the executive and the legislature

Name the legislations passed regarding state succession, There are certain ...

There are certain legislations passed regarding state succession. For example, The continuance of legal Proceedings Act 1950; The Pakistan Currency Act 1950; The Pakistan

Pre-incorporation contracts, Pre-incorporation Contracts:             ...

Pre-incorporation Contracts:                             A pre-incorporated contract is an agreement which is entered into, usually by a promoter or promoters, on behalf of a

Define the subordinate legislation briefly, Define the subordinate legislat...

Define the subordinate legislation briefly. Subordinate legislation: • Regulations: It directly applicable and self-executing, no require for member state to create own

Discussion board question, I have an order in and I want to know what the 8...

I have an order in and I want to know what the 829.2 means and the order is 12.00?

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