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:

Schemata

Cognitive structures or frameworks that help organize and interpret information in the brain.

Imagined Elements

Components or aspects of thought that exist purely in the mind and are not based on actual sensory experiences or reality.

Repressed Memories

Memories that have been unconsciously blocked due to being associated with a high level of stress or trauma but may potentially be recovered.