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

Partnership property, Partnership Property Partnership property compri...

Partnership Property Partnership property comprises all property originally brought in the partnership as well like acquired for the purposes of such the firm's businesses. Th

Account for the importance of policy evaluation, QUESTION 1 Explain cle...

QUESTION 1 Explain clearly how Public Policy making constitutes a major function of Government QUESTION 2 Account for the role of Public opinion in the identification o

Show the cross agency actions, Q. Show the Cross agency actions ? As al...

Q. Show the Cross agency actions ? As already described, the ASIC, ATO and FWO all have responsibilities in investigating and monitoring elements of phoenix activity. This mean

Example of business law and ethics, Frank, a student at Anne Arundel Commun...

Frank, a student at Anne Arundel Community College, is on his way to class one day. He enjoys his class very much and is looking forward to this particular class on tort law, but d

condition precedent, What is a condition precedent? Provide me with an exa...

What is a condition precedent? Provide me with an example.

Compulsory liquidation - winding up, Compulsory liquidation - winding up: ...

Compulsory liquidation - winding up: There are a number of points of similarity: (a) in a compulsory (but not a voluntary) liquidation the directors have to submit a statemen

I need essay writing help, I am looking for essay writing help in topic "Ec...

I am looking for essay writing help in topic "Economic Crisis in Europe"

Accounts to be annexed to balance sheet, Accounts to be Annexed to Balance ...

Accounts to be Annexed to Balance Sheet: By S.156 (1) the profit and loss of account, and, thus far as not incorporated in the balance sheet or profit and loss of account, any

On which convention international humanitarian law is based, On which conve...

On which convention International humanitarian law is based International humanitarian law  is  not  wholly  based  on  the  Geneva  Convention and  Hague convention. These law

What do you understand by the rule of law, Question 1: Should the Judic...

Question 1: Should the Judicial Committee of the Privy Council be maintained at the summit of the hierarchy of our judicial system? Critically discuss on the above. Ques

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