Unit ED8: Civil liability in relation to environmental pollution Flashcards
What is Civil legal action
- claimant suing defendant for remedy or remedies
- Remedy take the form of damages
In the form of compensation
What is Tort
A “tort” in English law is a civil wrong, a breach of civil duty imposed by law.
List examples of tort
Examples of torts are defamation, nuisance and trespass.
What is Negligence in terms of law
This is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do; or to do something which a reasonable man would not do (Alderson in Blyth v. Birmingham Waterworks (1856)).
In order to sue successfully for negligence, there are three main points to establish
- That the defendant was under a duty of care to the claimant/injured party
- That the duty had been breached.
- That as a result of the breach the claimant suffered harm, the harm suffered being not
too remote from the breach.
How does the tort of trespass work in environmental matters
There must be interference with a person’s property rights without lawful excuse. The interference must be intentional or negligent and direct (not consequential).
What is a common law nuisance
A common law nuisance is one which, 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
List the Defenses against nuisances
- volenti non fit injuria
- contributory negligence.
- Prescription
- Activities Authorised by a Statutory Authority
- Act of God
- Act of Stranger
For negligence, the following must be proved for a case to be successful:
- That the defendant was under a duty of care to the claimant/injured party
- That the duty had been breached
- That as a result of the breach the claimant suffered harm, the harm suffered being not
too remote from the breach
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Not all statutory duties give rise to civil action. The following elements must be proved (on a balance of probabilities):
- The statute must place the obligation on the defendant.
- The statutory duty was owed to that claimant
- The injury was of a type contemplated by the statute.
- The defendant must be in breach of that duty.
- The breach of statutory duty must have caused the injury/loss.
For trespass cases remember that:
- 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 of the consequences
must also be established for trespass to be successful
For nuisance cases take into account the following: Private nuisance
Remember that the court will consider whether the action complained of is reasonable taking into account:
- extent of the damage
- seriousness of the harm,
- nature of the area,
- any general benefit to the area from the defendant’s activity
- duration
- any abnormal sensitivity on the part of the claimant,
- was nuisance was malicious or in the exercise of a right.
For nuisance cases take into account the following: - Public Nuisance
Public nuisances have a direct effect on the public at large.
Actions in respect of such nuisances can be initiated by the Attorney General, an
individual or a local authority
For Rylands v. Fletcher consider the following:
- There has to be ‘non-natural’ use of the land,
- A substance must escape from the land where it is kept
- The rule is also specific to landowners
- There is also the requirement for the action to be foreseeable.
Negligence defenses
- No duty owed.
- No breach of duty.
- The breach did not lead to the damage
- Lack of foreseeability.
- Remoteness of damage
- Volenti non fit injuria
- Necessity
