Civil Liability

Question 1

what are the torts?

Answer 1

• Negligence
• breach of statutory duty
• Trespass
• Nuisance

Question 2

what is civil action?

Answer 2

civil action generally involves individuals with a claimant suing a defendant for a remedy or remedies - usually in the form of damages

Question 3

Negligence in environmental law

Answer 3

waste producers have a duty of care in respect of the handling, storage, treatment and disposal of controlled waste

Question 4

what can happen following a breach of statutory duty?

Answer 4

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

Question 5

what is Trespass?

Answer 5

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)

Question 6

what is nuisance?

Answer 6

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

Question 7

Duties Owed by Organisations and Occupiers of Land

Answer 7

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

Question 8

what are some defences to civil actions?

Answer 8

• 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

Question 9

What are defences to Breach of Statutory Duty?

Answer 9

• 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

Question 10

what are the defence to Trespass?

Answer 10

• 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

Question 11

what are the defences to Nuisance?

Answer 11

• 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

Question 12

The Rule of Ryland v Fletcher Arising from Environmental Pollution

Answer 12

• 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

Question 13

When is an action for a civil case excluded

Answer 13

usually 6 years from the polluting incident (Limitation Act 1980, Section 2)

Question 14

What case details the damage of foreseeable type?

Answer 14

for the polluter to be liable, the damage caused must be reasonably foreseeable by the polluter

Cambridge Water Company v Eastern Counties Leather pls

Question 15

what case produced the principle of date of knowledge’

Answer 15

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

Question 16

Meaning of Strict bLiability

Answer 16

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.

Question 17

what is the ‘Act of God’ defence

Answer 17

the defence must show that the defendant was merely part of the surrounding circumstances

Question 18

what does retrospective liability mean?

Answer 18

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

Question 19

what is joint liability?

Answer 19

each party involved will be responsible their proportion of contributing to the event

Question 20

joint and several liability

Answer 20

all parties are considered equally liable for the whole amount of the damages claimed

Question 21

what must be proven for a negligence case to be successful?

Answer 21

• 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

Question 22

what must be proven for a breach of statutory duty case to be successful?

Answer 22

• 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

Question 23

what must be proven for trespass action?

Answer 23

• 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

Question 24

Private nuisance requirements for the complained of action is reasonable

Answer 24

• 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

Question 25

what re public nuisances and what actions can be taken?

Answer 25

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