If a Defendant Company Was Found to Have Secretly Dumped

question 470

Multiple Choice

If a defendant company was found to have secretly dumped hazardous chemicals in a pond next to plaintiff's property, the court would be likely to hold that the:

• A) defendant was disposing of pollutants according to industry standards and, although plaintiff was injured, the defendant was not liable under nuisance law
• B) defendant breached a duty of care to the plaintiff by dumping the pollutants into the pond and was responsible for plaintiff's injuries under negligence law
• C) plaintiff was negligent when he breached a duty of care by not taking adequate precautions to protect his property from being damaged by the pollutants dumped by the defendant.
• D) defendant's actions were so outrageous it constituted a taking under the common law
• E) defendant was strictly liable for plaintiff's injuries because its pollutants contaminated the surface and ground water

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