Civil Liability Flashcards
what are the torts?
- Negligence
- breach of statutory duty
- Trespass
- Nuisance
what is civil action?
civil action generally involves individuals with a claimant suing a defendant for a remedy or remedies - usually in the form of damages
Negligence in environmental law
waste producers have a duty of care in respect of the handling, storage, treatment and disposal of controlled waste
what can happen following a breach of statutory duty?
may result in a criminal prosecution by the enforcing authority
a breach of statuary duty by a defendant may give the claimant a cause of action in tort
what is Trespass?
there must be interference with a persons property rights without lawful excuse. The interference must be intentional or negligence and direct (not consequential)
Case: McDonald v Associated Fuels Ltd (1954)
what is nuisance?
a breach of a legal duty imposed by the law, or a civil wrong
a common law nuisance is one (apart from statute) violates the principles which the common law lays down for the protection of the public and of individuals in the exercise and enjoyment of their rights
nuisances in common law are private or public
statutory nuisance is covered under the EPA 1990 Part III
Nuisance is not actionable unless there is proof of damage
Duties Owed by Organisations and Occupiers of Land
Negligence - Donohuge v Stephenson (1932) - developed the neighbour principle
General Duties - Wilson and Clyde Coal Co Ltd v English (1938) - developed the general duties of an= employer to take reasonable care of their employees from the risks of foreseeable injury, disease or death at work
Current Knowledge - Margereson and Hancock v J.W. Roberts Ltd (1996) - if an employer is aware of, or ought to be,. in the light of current knowledge ….they will be liable ……/
Foreseeability - a defendant is generally responsible for all damage that is a direct consequence of their act
Remoteness - compensation can only be obtained when it is accepted that the injury or damage is not too remote from the original wrong
what are some defences to civil actions?
- no duty owed
- no breach of duty
- the breach did not lead to damage
- lack of foreseeability
- remoteness of damage
- volenti non fit injuria
- necessity
- contributiory negligence
What are defences to Breach of Statutory Duty?
- there will bo no action available if the causes of action in tort do not apply
- if the statutory duty is not absolute, there will be a defence if the employer provided a safety precaution, but the claimant would not on the balance of probabilities have made use of it
- contributory negligence
what are the defence to Trespass?
- the action must prove directness, The interference with rights must be direct rather than consequential
- trespass must be intentional or negligence
- a casual link must be established between the directness of the act and the inevitability of the consequences
Esso Petroleum Company Ltd v Southport Corporation (1956)
these defences could be applied to environmental action:
- licence
- rights of entry
what are the defences to Nuisance?
- prescription - if a same act has been occurring continuously for 20 years (only available to private nuisance)
- Activities Authorised by a Statutory Authority
- Act of God - operation of natural forces is unexpected and resultant damage is remote from the incident
- Act of Stranger
The Rule of Ryland v Fletcher Arising from Environmental Pollution
- established the principle of strict civil liability since it was not considered an adequate defence to say that all reasonable steps had been taken to prevent the escape from occurring
When is an action for a civil case excluded
usually 6 years from the polluting incident (Limitation Act 1980, Section 2)
What case details the damage of foreseeable type?
for the polluter to be liable, the damage caused must be reasonably foreseeable by the polluter
Cambridge Water Company v Eastern Counties Leather pls
what case produced the principle of date of knowledge’
Margereson and Hancock v J.W.Roberts Ltd
the evidence demonstrated that the defendant should have reasonably foreseen a risk of some pulmonary injury in that the company should have known about the risk off asbestos exposure many years before the claimant was born
Meaning of Strict bLiability
the operator is liable for damage which occurs as a result of his operation , whether or not he takes reasonable care to prevent the damage occurring.
what is the ‘Act of God’ defence
the defence must show that the defendant was merely part of the surrounding circumstances
what does retrospective liability mean?
operator can be held liable for damage which occurs, or is discovered, at a later date even after he has ceased to operate on the site
what is joint liability?
each party involved will be responsible their proportion of contributing to the event
joint and several liability
all parties are considered equally liable for the whole amount of the damages claimed
what must be proven for a negligence case to be successful?
- that the defendant was under a duty of care to the claimant/injured party
- that the duty was breached
- as a result of that breach the claimant suffered harm and that that that hard suffered being not too remote from the breach
what must be proven for a breach of statutory duty case to be successful?
- only is the case falls within the wording of the statute can the victim sue for compensation
- not all statutory duties give rise to a civil action - the following elements must be proven (on a balance of probabilities)
> the statute must place the obligation win the defendant
> the statutory duty was owed to the claimant
> the injury was a type contemplated by the statute
> the defendant must be in breach of that duty
> the breach of the statutory duty must have caused the injury/loss
what must be proven for trespass action?
- the interference with rights must be direct rather than consequential
- trespass must be intentional or negligent
- a causal link between the directness of an act and the inevitability off the consequences must also be established for trespass to be successful
Private nuisance requirements for the complained of action is reasonable
- the extent of the damage
- the seriousness of the harm
- the nature of the area
- the general benefit to the area from the defendants activity
- the duration of the nuisance
- any abnormal sensitivity on the part of the clamant
- whether the nuisance was malicious or in the exercise of a right
what re public nuisances and what actions can be taken?
a public nuisance must have a direct effect on the public at large
actions in respect of such nuisances can be instituted by the Attorney General, an individual or a Local Authority
Always Consider Ryland’s v Fletcher
