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

Prepare tax memo , Patriot, Inc (a C corporation) filed for Chapter 11 bank...

Patriot, Inc (a C corporation) filed for Chapter 11 bankruptcy protection during August, 2011 and has worked out a re-organization plan that was accepted by the Bankruptcy Court an

Prospectus issue, Prospectus Issue: Under a prospectus issue the compa...

Prospectus Issue: Under a prospectus issue the company sells the shares directly to the public rather than selling them through intermediaries.

Intent to defraud the italian creditor, Intent to defraud the Italian credi...

Intent to defraud the Italian creditor: The company owed money to trade creditors and also had outstanding against it a large claim for breach of contract which it disputed (t

How evidence is used to prove a criminal offence, how evidence is used to p...

how evidence is used to prove a criminal offence: This question is asking you to consider the importance of evidence, how it is used and how reliable it may be in supporting

Bills, Bills: Further an Act of Parliament begins as a Bill that is th...

Bills: Further an Act of Parliament begins as a Bill that is the draft of law that Parliament intends to make.  In section 46(1) of the constitution states like "the legislati

Conditions for relief - statutory provisions, CONDITIONS FOR RELIEF: I...

CONDITIONS FOR RELIEF: In H.R. Harmer Ltd (1959) Jenkins L.J. summarised the conditions which must be met before relief under the section can be granted by the court when he s

Principles and presumptions of construction, Principles and Presumptions of...

Principles and Presumptions of Construction: However in the course of settling some of these disputes the courts in England have elaborated the rules that they will utilized i

State about the security council of united nations, State about the Securit...

State about the Security Council of United Nations? The Security Council: The Security Council has main responsibility for the preservation of international peace and sec

Distinguish between industrial and employee relations, Question 1: (i) ...

Question 1: (i) Distinguish between industrial relations and employee relations. (ii) State the environmental factors that affect employee relations. (iii) Give five r

Powers of arbitral tribunal, Powers of Arbitral Tribunal Powers of Arb...

Powers of Arbitral Tribunal Powers of Arbitral Tribunal are as Follow: For determine whether it has jurisdiction to entertain a dispute and For provide interim reme

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