Environmental Tort Law
The link between an actor’s behavior and the subsequent harm to another human being is a vital component of various types of legal doctrines. Tort law has been exclusively used for the distributive justice and deterrent of certain behaviors. In the case of torts, plaintiff needs to show a casual connection between his/her injury in correspondence to the defendant’s action in order to clarify the person from whom the remedies should come. However, it’s conceptually and factually very tiring to pinpoint the actors accountable for the injury. Especially in case of environmental pollution, it is difficult to identify the polluter and sources of pollution. Moreover, it is also very difficult to quantify the injury caused by his/her actions.
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The deterrent effects of tort law usually appear in the reduced pollution discharge, improved environmental quality, or the introduction of environmental factors into the decision making process of polluting organizations. The US and Canada expanded the liability for the hazardous waste in the early 1980s which led to the increased care in the disposal of such wastes.
Environmental tort law supports the principles of “prevention, protection, conservation, and deterrence”. The fact that tort law focuses on the distributive justice and deterrence makes it a lucrative topic of discussion among the scholars of economics and law.
Moreover, the interests resolved by the tort law system are always the direct harms to an individual or legally recognized entity. This is the most fundamental requirement for the tort suit. Tort system cannot provide remedy for harm related to environment interest which does not have direct injury and recognition of harm. Due to the failure to satisfy the standing and direct injury requirements, historically courts have viewed claims of environmentalist with great
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Trespass is an intentional, voluntary intrusion or an invasion of the tangible property of someone else that interfere with his/her right of ownership of the property. ‘Trespass to land’ is one of the early forms of tort law. The person involved in trespassing may be liable for either negligent or intentional trespass. Originally it was intended to protect the tangible invasion of real property. But now the doctrine of tort law has been extended to include even the settling of dusts and vapors on one’s property. Hence, the gasoline leak from the service station if harms the property in nearby neighborhood is considered as trespass or even
Thibodaux Regional Medical Center Case Summary
302 Words | 2 Pages1. Local residents from the rural area of Thibodaux plan to sue McIntry Realty because of their plans to redevelop a local farm to accommodate five hundred homes. Hector Salvador, attorney for the residents, plans to file suit against Eugene McIntry because McIntry possible violated their rights. McIntry plans to counter-sue the city if they interfere with his plans to redevelop the land.
Owed To Trespasser Case Study
165 Words | 1 PagesDISCUSSION I. Under the Ohio Duty of Care Owed to Trespasser Statute, even though Oleg Burov likely knew that children might trespass on his property, he will likely not be liable for a slip and fall injury Frank Gaad sustained outside a hot tub on Burov’s property. Using the doctrine of attractive nuisance the Ohio Duty of Care Owed to Trespasser Statute establishes the liability of real property owners for injuries sustained by minor trespassers. Mayle v. McDonald Steel Corp., No. 2010-T-0090, 2011 Ohio App. LEXIS 4319, at *18 (Ohio Ct. App. Oct. 7, 2011).
Similarities Between Bill Mckibben And Jensen
1094 Words | 5 PagesMcKibben suggests there is inefficient spending and mechanisms by individual consumers. For example, a lots carbon emissions and sewage caused by individual consumers is the result of their inability to use the latest technology. Also, consumers’ inability to respect the regulations of the Clean Air Act and the Clean Water Act contributes to environmental pollution. He supports this idea by saying “Our wasteful habits wouldn’t matter much if there were just few of us” (559). On the other hand Jensen argues by saying prejudicing powerless individuals instead of those who actually attain influential power in the system of government and policy making is one of the problems to mitigate environmental pollution.
Essay On Environmental Injustice
745 Words | 3 PagesThe concept of environmental justice was first introduced in South Africa at the Earthlife 1992 conference (Cock 2004, p.6). Defined as the ‘fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies’ (U.S Environment Protection Agency, 2012), environmental justice aims to shift the world towards environmentally friendly development and eradicate exploitation of natural resources and indigenous communities. Most importantly, it deals mainly with the environmental injustices of these relationships, and the ways and means of rectifying these wrongs and/or avoiding them in the future
Tribal Tort Law
1516 Words | 7 PagesThe legal definition of a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another person. Torts include all negligence cases as well as intentional wrongs which resulted in harm and are the most heard legal proceedings. Being that torts are various and plenty it must also be stated that a tort can be subjective depending upon the parties involved. Not only can a tort be subjective to the parties involved but also the litigation involved with defining that tort by a court of law is also subject to prejudice by those who may or may not see it as a wrongful act. While tort law may be a valid means of regulation in jurisdictions with established and accessible bodies of common law,
Environmental Crime Prevention
1356 Words | 6 PagesCrime is a blemish in almost every society. Criminals and law breakers have been around since biblical times and still haunt societies today. The American Criminal Justice System is in place to attempt to help control criminals. The idea is not to create a perfect society where no crime will be committed, but to contain the crime. Predicting crime is not an easy task, criminal justice officials take many steps to prevent crime from happening.
Disadvantages Of Tort
972 Words | 4 PagesAssignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.
Intentional Tort: Court Case Study
556 Words | 3 PagesJulian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball.
Case Study: The Ok Tedi Copper Mine
705 Words | 3 PagesThe mine wastes were deposited along the 620 stretch of the river, leading to great loss of animal life and vegetation. The pollution is regarded as the most destructive environmental disaster. The main type of depletion at the mine is the loss of minerals and other natural resources such as vegetation. Compare and contrast the views of (a) an ecological ethic, (b) Blackstone's ethic of environmental rights, and (c) a utilitarian ethic of pollution control.
Pollution Persuasive Speech
857 Words | 4 PagesPollution may be a threat, but it can be solved in our
Plastic Bag Levy: A Case Study
1713 Words | 7 PagesThese are some for the barriers and competitiveness issues which environmental regulation, taxes and policies encounter with the respective stakeholders during policy making and during policy implementation. Therefore, a balanced approach has to be achieved; and not to focus on avoiding environment damage only, while destroying industries and forgoing the opportunity of economic growth which creates tax base for government’s revenues. The policy or package will also have to guarantee that the polluter is charged or taxed accordingly and not the affected society at large to be bore the environmental damaging costs. According to Green Fiscal Commission 2009, there are two criteria’s which can be used to assess the effectiveness of environment taxes.
Essay On Critical Analysis Of Negligence
1997 Words | 8 PagesThe area of tort in law is also called negligence it is caused due to carelessness... In Legal position the idea of negligence should exercise reasonable when they act by taking account f that they might foreseeable cause harm to other
Polluter Dilemma Case Study
927 Words | 4 PagesA Case Study on Polluter’s Dilemma I. Background/Point of View On a small plastic manufacturing, Jonica Gunson works as an environmental compliance manager. The company where she is working with is now facing a serious situation that needs to have a fast and decisive decision, decision whether to invest or not to invest money on new technology that will help decrease or as possible eliminate the level of toxic in the water which is flowing from the back of the factory up to lake. Though the company is compliant with the levels of emissions set by the Environmental Management board, the manager sees that environmental procedures for this specific toxic are sheathing behind logical evidence, particularly that there is a protest from a certain scientist that is publish in the newspaper.
Value Chain Analysis Of IBM
1674 Words | 7 PagesInternational Business Machines (IBM)- 1) Introduction IBM (International business machines) corporation is one of the biggest multinational computer technologies and IT consulting company spread over 170 countries with 330,000 employees. It has its headquarters in Armonk, New York, United States. IBM started its business on June 16, 1911. It is the manufacturer of computer parts for hardware and software and, consulting services and hosting services. And also offers services in infrastructure.
The Importance Of Environmental Ethics On The Environment
1023 Words | 5 PagesWe have grown to see our parents have children, build houses, buy cars cultivate farmlands, explore timber and many other aspects. I think that this is the time to ask ourselves the question how good or bad are our actions to the environment? We should not inherit the habits of our forefathers because we are now responsible for the consequences of our action base on consequential ethics which states that it is common for us to determine our moral responsibility by weighing the consequences of our actions. According to consequentialism, correct moral conduct is determined solely by a cost-benefit analysis of an action's consequences. And in this case, if we apply sustainable development and consequential ethics, I am sure that we will protect our environment looking at it as a social
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