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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Definitions:

Allocate

To distribute resources or duties for a specific purpose according to a plan.

Irrational Behavior

Irrational behavior describes actions or decisions that are not in line with logical or rational thinking, often defying expected outcomes based on standard economic theories.

Diamond

A precious gemstone formed under high temperature and pressure conditions, often used in jewelry and industrial applications, not primarily an economic term unless discussing market dynamics.

Market Outcomes

The final results of all the buying and selling interactions between consumers and firms in a particular market.