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Lecture

ENV422H1 Lecture Notes - Classic Case, Asthma


Department
School of Environment
Course Code
ENV422H1
Professor
Paul Muldoon

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Last 2 lectures
Environmental Rights +International Law +Land Use Planning + Methodology
Next Week: Land Use Planning + Exams questions
Environmental Rights
Status to sue what if you want to protect the environment for zone sake
Civil Wrongs
Nuisance, Trespass, Negligence, strict liability, statutory causes of action
Strict Liability
o Walking into a hospital, duty of care not fall off the bet
o If negligence you have to prove it
o Once they put you under, the duty of care is so high that no need you to prove
anything (extra hazard activity)
o If you lives near nuclear plant and it blows up, you can sue strict liability
o With dangerous animals escape
o The course won’t care what the excuse was
Statutory causes of action
o All laws come from common law
o Civil: people suing people (Plaintiff VS Defensive)
o Criminal: A-G vs accused (prosecution)
o If someone has break an environmental law, you can sue through a civil link,
money use to fix something; they may sue by the state (criminal)
Happen twice so far, since 1993
Causation
“but for” test
o Key test is the effect or harm would not occur but for the cause of defendant
o Dust cover his house was coming from a landfill beside him
o The dust composition changed everyday
o One of the child in the family has asthma, it got worse when it gets more
frequent
o The asthma would not get worse but for the worse of dust
o How do you prove it?
The cause of cancer is still subject to some debate some courts have shown
relationship between cancer and smoking but still in debate today
The case in Britain: 2 person shot negligent at the same time
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