Papers on "Tort Law as Compensation for Environmental Damage" and similar term paper topics
Paper #103488 ::
Tort Law as Compensation for Environmental Damage
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An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
Written in 2007; 2,881 words; 34 sources; APA;
$ 85.95
Paper Summary:
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper:
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
Tags:
legislation pollution causality
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