The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 2, Problem 1BS
Summary Introduction
Case Summary: J and M bought a house in J County, located across the street from a gravel pit. The county converted the pit to a landfill, which accepted many kinds of trash. The accumulated trash caused harm to the environment. J and M complained to the county, but the county did nothing. The plaintiffs filed a lawsuit against the county alleging infringement of federal environmental laws.
To Find: The plaintiff’s right to sue in this particular case.
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Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue?
a.…
Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant. The lower court found that the plant constituted a nuisance and granted temporary damages but refused to grant an injunction because the benefits of operating the plant outweighed the harm to the plaintiffs’ properties. The landowners appealed. Does the plant constitute a nuisance? Should it be shut down?
a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam.
b) Discuss ways through which the supremacy of the Constitution of Kenya is manifested
Chapter 2 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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