Application of tort law in the environment due to the flood event by manmade activities

Nurhayati Shaik Alaudeen, (2014) Application of tort law in the environment due to the flood event by manmade activities. Universiti Malaysia Sabah. (Unpublished)

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Abstract

Law of Tort is one of the important roles in dealing with the environment issues. The application of Tort law in the flood issues caused by the manmade activities is indirectly protecting the environment and the rights of individual that suffered in injury, damages to property or financial loss during the flood incidents. Reviewing and analysis the Tort cases that related with flood cases is the main purpose of this study. The methodology that used to achieve the objectives is the IRAC method which contains the issues, rule, analysis and conclusion. This method is chose in order to explain about each component in detail. According to the results, the total of Tort cases is 2193. 46 from it are the environment related cases and 32 is the Tort cases related with flood events in Malaysia. 17 cases is the flood case reported from year 2000-2012 and six from that has chosen to analysis. The important element to winning the cases are owed duty by the Defendant to take reasonable care, Defendant breached that duty, any action that may cause harm to the other parties, he may suffered in loss/damage and sufficient proof are collected. The element that makes the case loss is when Plaintiff failed to produce sufficient evidence, Plaintiff did not prove actual amount of loss and when Plaintiff does not have enough information on what needed in claiming compensation. From this study, the concept of responsibility towards the the perception of environment will be able to protect the individual rights with commensurate compensation. Penalty will be given if found guilty in handling activities which may cause environment damage, thus indirectly protecting the environment.

Item Type:Academic Exercise
Uncontrolled Keywords:Flood , rainfall pattern , disaster management cycle
Subjects:Q Science > QE Geology
Divisions:FACULTY > Faculty of Science and Natural Resources
ID Code:14818
Deposited By:IR Admin
Deposited On:02 Nov 2016 10:18
Last Modified:02 Nov 2016 10:18

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