Under the Common Law of Environmental Nuisance

question 22

Multiple Choice

Under the Common Law of environmental nuisance

• A) a defendant may successfully claim that the nuisance is a benefit to the public thereby eliminating liability.
• B) a defendant may use the defence that it used all necessary care and skill to prevent the nuisance from occurring.
• C) a defendant may successfully use the defence that it existed with its offending activity before the plaintiff came to the nuisance.
• D) a defendant may not argue that its actions do not constitute nuisance because other entities independent of it are also engaged in the same activity.
• E) All of the responses are correct.

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Definitions:

Payback Period

The time required for an investment to generate cash flows sufficient to recover the initial investment cost.

Scrap Value

The estimated resale value of an asset at the end of its useful life, also known as salvage value.

Incremental Annual

Incremental annual refers to the year-over-year changes or additional amounts in revenue, cost, or other financial metrics.

Internal Rate

Typically refers to the internal rate of return (IRR), which is the discount rate that makes the net present value (NPV) of all cash flows from a particular project equal to zero.