Common Law Concepts Essay

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

Finally, the polluter pays principles is now seen in specific pieces of legislation becoming more (or some might say ‘less’) than a grand constitutional statement of an intractable human right.

Certain environmental justice frameworks attempt to turn the dominant environmental paradigm on its head and seek to prevent environmental threats before they occur. This paradigm is known as the Precautionary

Governments should be held responsible for dealing with environmental hazards resulting from previous resource use and environmental standards that are no longer acceptable today. Through the instances of the Exxon Valdez Oil Spill, the Kuwait Oil Fires, the Hurricane Katrina devastation and the Sydney Tar Ponds, this paper will develop an argument supporting the idea that governments should be given the responsibility to handle environmental hazards that result from the prior use of resources as well as environmental regulations that are no longer up to standard.

The United States is blessed with an abundance of natural resources, including waterways, arable land, precious minerals, wildlife, coal, and forests. However, it is evident that growing business operations significantly impact the environment and that pollution is an unfortunate by-product of manufactured consumer goods. In the event a company produces pollution or damages the environment, it may be held liable to private persons, in addition to being required to pay a fine. There are several theories of law under which a private individual may bring a lawsuit against a firm for creating pollution. Negligence is a tort that allows a plaintiff to bring suit against a defendant for causing personal injury or property damage. Businesses that generate

Our environment is often abused in our world. People choose to take advantage for what it 's worth, and over time, the quality of nature is destroyed. After reviewing the case concerning tar sands in Canada, it is apparent that once again, there needs to be a change. Money only goes so far in the world, and if there is no action taken to help improve their environment, they will lose other aspects of society that contribute to the well-being of all individuals. The results from the video show that the Alberta community is in environmental danger that is increasing rapidly. The power from the upper classes, specifically the oil industries, are manipulating the people who make up the lower classes. They are prioritizing the amount of money

Those skeptical of such viewpoints can still appreciate the application of legal principles to the recognition of and responses to environment ills and the effects of these on the

They point out that penalties for excessive pollution or excessive workplace accidents would be imposed only after substantial damage had been done. They add that taxes on pollution or unsafe work environments could be passed along to consumers as higher prices, in which case they would not be much of a deterrent. Moreover, it would take a large bureaucracy to carefully monitor the level of pollution discharge and a complex calculation to determine the level tax necessary to encourage businesses not to

Nonexcludability: the harms of green house emissions will equally affect everyone by raising global surface temperature, such as the benefits of lower emissions by reversing the rise in temperature and its environmental effects. Thus, no one can be excluded from the benefits/harms of the public good of controlling/reducing CO2 emissions. On the other hand, despite human rights activits argue that violations have a “domino effect”, a nonexcludabity

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.

The NSW Government has introduced multiple regulations and pieces of legislation in order to protect many of the state’s industries including agriculture, fisheries and horticulture from the effects of coal seam gas activities. Established by the Land and Environment Court Act 1979 ‘The Land and Environment Court’ covers appeals in regards to environmental planning, pollution control, local government and land valuation. The Court has major implications for public participation in environmental matters because it allows third party appeals and actions, and it encourages resolution of conflicts. Third party rights mean that people whose land is not directly affected by environmental planning or development proposals have rights to information, to make

Environmental dangers could be interpreted as an externality, and as such, it can be argued that governmental regulation is economically and socially desirable. The various methods of governmental interference have, like with all economic actions, some degree of diminishing returns, and as such, it is probably most efficient to tackle environmental risks using a variety of different economic tools.

During the 12th and 13th century, under the common law system of England survey undertaken on tradition, custom and law in the area was originally developed as court decisions. England, the common law and equity laws are developed after the creation of the common law; the analysis based on justice launched and is now used in the royal courts. This gives us the story of the day capital in 1066 as the winner attacked in England and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires, counties and hundreds, and laws and customs cases. The foundations of the common law have known in public as customary law.

Environmental economics also covers the importance of the geographical location and the value that natural resource has for the culture and population. To make sure we involve everyone in the management of the environment and the output of the use, public notice have to be in place to include everyone’s participation and voice for to make this issue as ethical as possible. For example, if we want to use an area to produce oil and gas, we have to be able to analyze the impact this practice will have in the area, population, and the

The Court of India, while administering environmental justice, has evolved certain principles and doctrines within and at times outside the framework of the existing environmental law. Environmental principles, such as polluter pays principle, precautionary principle and public trust doctrine have been adopted by the Court in its concern to protect the environment from further degradation and improve the same. It is important to note that these principles have been developed in various international agreements and conferences to control and prevent further environmental degradation. Drawing inference from international environmental principles, the Court of India has applied various principles to resolve domestic environmental problems. For example, the Polluter Pays Principle was invoked by the Court of India in the Indian Council for Enviro-Legal Action v. Union of India. Giving the judgment, the Judges held that ‘we are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country. Once the activity carried on is hazardous or inherently dangerous, the polluter carrying on such activity is liable to make good the loss caused to any other affected party by polluter’s activity irrespective of the fact whether the polluter took reasonable care while carrying on his activity’. In this case, the Court has stated that the ‘Polluter Pays Principle’ means that the absolute liability for harm to the