Laws Flashcards
What is Common Law?
Based on judicial precedents (e.g., nuisance, trespass, negligence, strict liability).
What is Statutory Law?
Created by legislation, providing uniform environmental standards.
What are Environmental Common Law Actions?
Negligence, Nuisance, Trespass, Strict Liability.
What is Negligence in environmental law?
Failure to exercise reasonable care, leading to environmental harm.
What is Nuisance?
Interference with land use due to pollution.
What is Trespass?
Unauthorized invasion of land by pollutants.
What is Strict Liability?
Holding a party responsible for hazardous activities regardless of fault.
What are the elements of Negligence?
Duty of care, Breach of duty, Causation, Damage.
What is the definition of Nuisance?
Substantial and unreasonable interference with land use.
What is Private Nuisance?
Affects an individual’s property (e.g., odors from a pig farm).
What is Public Nuisance?
Affects public health or safety (e.g., pollution blocking a public highway).
What is the definition of Trespass?
Physical invasion of property by substances (e.g., water, soot, chemicals).
What are the elements of Trespass?
Physical invasion, Intent to enter, Harm caused.
What is Strict Liability (Ultra-Hazardous Activities)?
Liability imposed without proof of negligence.
Who is strictly liable for damages?
Companies handling toxic waste.
What is the Rule of Rylands v Fletcher (1868)?
A person who brings something hazardous onto land is liable for damage if it escapes.
