Friday, January 24, 2020

Common Law Concepts Essay -- Urban Development

CONCEPT 1 – COMPENSATION AS A WAY TO REDUCE NUISANCE (Hogan & Edwards, 2003) states the idea of compensation in Common Law is to protect the environment as it amplifies the need for organisations and individuals within a society to prevent nuisance. Furthermore, compensation concept has raised conflict between environmental concerns and restricts the property holder’s rights to fully utilize their resources. Nevertheless, the idea of compensation can also be seen as an ethical guideline for the society, of which if any laws were to be broken, for example harming the environment, appropriate punishments will be conducted. Therefore, the act of compensation may lead to a greater cause in the long run for society to reduce nuisance. To further the statement, an example of compensation having positive justification is when a British oil company British Petroleum (BP) created a large oil spill off the Gulf of Mexico. According to (BBC, 2012) BP faces charges by the United States Government and has to compensate over USD7.5 billion to the victims. Furthermore, BP was responsible to ensure the cleaning of their spillage. Prior to the event, BP reconstructed their health and safety policy by ensuring zero tolerance to callous mistakes for future shipments. This example indicates the establishment of compensation and the involvements in monetary value is of significance and therefore, discourages organisations and individuals from harming the environment in the long run. This is supported by (Reardon, 2012) â€Å"lawsuits have helped push industry to make changes in how they do business.† In other words, compensation acts as an effective way to regulate and teach property holders to refrain from damaging the en vironment. This is justified, a... State Environment of Tasmania. (2006, December 14). State Environment of Tasmania. Retrieved from Planning Scheme Provision: The State of Queensland Department of Environment and Resource Management. (2012). Queensland Government. Retrieved from Land Management: Tutor2u Limited. (2012). Retrieved from tutor2u: Velasquez, M., Andre, C., Shanks, T., S, J., & Meyer, M. J. (1992). The Common Good. Retrieved from Santa Clara University: World Commision on Environment and Development. (1987). Our Common Future . Oxford University Press.

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