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Hi everybody, I have to complete an assignemnet and I need some clues. I will be happy to discuss after I hear some independent opinions, because I am a little confused about the liability in nuisance in this case and whether it concerns only nuisance??? Here's the case:
"Toxiclear is a company, which undrtakes the disposal of all kinds of wastes. All employees engaged in the actual disposal work have strict instructions that they are only to dump waste at properly approved sites. However, in view of the bonus payments that can be earned for speedy work, some employees are inclined on occasion to dump material on private land without permission.
James was one such employee and he dumped a load of highly toxic waste on a part of farmland belonging to Ken and which was not currently in use. Though it was pointed out to Ken by one of his workers that a Toxiclear lorry had been seen on his propert, ken took no action.
Usually heavy rains caused the toxic waste to seep into the soil and some found its way into water, which ran through neighbouring lans owned by Leonard, resulting in considerable damage to his crops. At about the same time, Malcolm, a keen walker, deliberately left a footpath so as to take a short cut across Ken's land. His root took him past the waste, which he stopped to examine. A few days later, he begam to exercise severe skin irritation, which has proved painful and very difficult to treat."
1. Discuss all the causes of action that Leonard may have against Ken.
2. Consider what arguments Ken may use in seeking to avoid liability.
3. Explain whether Ken will be liable to compensate Malcolm.
Thank you in advance
"Toxiclear is a company, which undrtakes the disposal of all kinds of wastes. All employees engaged in the actual disposal work have strict instructions that they are only to dump waste at properly approved sites. However, in view of the bonus payments that can be earned for speedy work, some employees are inclined on occasion to dump material on private land without permission.
James was one such employee and he dumped a load of highly toxic waste on a part of farmland belonging to Ken and which was not currently in use. Though it was pointed out to Ken by one of his workers that a Toxiclear lorry had been seen on his propert, ken took no action.
Usually heavy rains caused the toxic waste to seep into the soil and some found its way into water, which ran through neighbouring lans owned by Leonard, resulting in considerable damage to his crops. At about the same time, Malcolm, a keen walker, deliberately left a footpath so as to take a short cut across Ken's land. His root took him past the waste, which he stopped to examine. A few days later, he begam to exercise severe skin irritation, which has proved painful and very difficult to treat."
1. Discuss all the causes of action that Leonard may have against Ken.
2. Consider what arguments Ken may use in seeking to avoid liability.
3. Explain whether Ken will be liable to compensate Malcolm.
Thank you in advance
