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:

Desired State

A future condition or situation that an individual or organization aims to achieve.

Perfect Rationality

A decision strategy that is completely informed, perfectly logical, and oriented toward economic gain.

Nobel Prize

A set of annual international awards bestowed in several categories by Swedish and Norwegian institutions in recognition of academic, cultural, or scientific advances.

Herbert Simon

An American economist and cognitive psychologist known for his research in the fields of decision-making and artificial intelligence; he is credited with the concept of bounded rationality.