Legal Issues, Principles, Cases, and Remedies Concerning Environmental Damage (Case Study Sample)
ACCG889 S2 Assignment
Task
You are required to research a specific branch of damage based on the underlying cause, e.g. motor vehicle accidents, commercial disputes, personal injury claims, environmental damage, intellectual property disputes, etc.
The following topics should be covered as guidance:
1. Applicable legal framework. Relevant legal principles.
2. Notable cases.
3. Damages and other remedies.
4. Main techniques and issues arising in the quantification of damages.
5. Issues with preparing reports and testifying in court.
Critical thinking questions:
6. Do you think the way in which the law deals with [selected area of damage...] is adequate to properly balance the parties’ rights and expectations?
7. Is it fair to plaintiffs and defendants?
8. Are the means of calculating damages in [selected area of damage...] sufficient to reach a fair financial outcome, explain why or why not, and if not what other means of calculation would you use?
General information
The assignment should be submitted online by 2 pm – 19 October 2019.
It must be submitted via iLearn/Turnitin.
This assessment task is worth 30%.
This assessment task will require students to analyse relevant issues and show evidence of research.
Extensions and late submissions
No extensions will be granted. Late tasks will be accepted up to 48 hours after the submission deadline. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hours or part thereof that the submission is late (for example, 25 hours late in submission – 20% penalty). This penalty does not apply for cases in which a Special Consideration application is made and approved.
Word Limit: 3000 words (+/-10%) without Appendices and Reference list. Indicate word count on assignment.
Assignments should include tables, graphics and other visual aids as appropriate.
Referencing must be included should be in 10-point font size. Preferred referencing style is Harvard.
GRADING GUIDELINES FOR THE ASSIGNMENT
WRITTEN SUBMISSION
Marks Criteria
High Distinction
85% - 100% • Displays an outstanding knowledge and understanding relevant to the task
• Insightful evaluation of the factors influencing the quantification of damages
• Thorough understanding of the relationship between accounting, finance and law
• Outstanding synthesis of ideas from a wide range of texts
• Sophisticated reflection on what has been learned
Distinction
75% - 84% • Displays an in-depth knowledge and understanding relevant to the task
• Perceptive evaluation of the factors influencing the quantification of damages
• Thorough understanding of the relationship between accounting, finance and law
• Excellent synthesis of ideas from a wide range of texts
• Sophisticated reflection on what has been learned
Credit
65% - 74% • Displays a detailed knowledge and understanding relevant to the task
• Clear evaluation of the factors influencing the quantification of damages
• Good understanding of the relationship between accounting, finance and law
• Sound synthesis of ideas from a wide range of texts
• Competent reflection on what has been learned
Pass
50% - 64%
• Displays a sound knowledge and understanding relevant to the task
• An adequate evaluation of the factors influencing the quantification of damages
• An understanding of the relationship between accounting, finance and law
• Synthesis of ideas from a wide range of texts
• Able to reflect on what has been learned
Fail
1% - 49% • Displays a limited knowledge and understanding relevant to the task
• Little or no understanding of the factors influencing the quantification of damages
• Little awareness of the relationship between accounting, finance and law
• Unable to synthesise ideas from a wide range of texts
• Unable to reflect on what has been learned
Not attempted
0% • Did not submit
ENVIRONMENTAL DAMAGE AND ITS REMEDIES
By [Student’s Name]
Course
Professor’s Name
Institution
Location of institution
Date
Legal Issues, Relevant Principles, Cases and Remedies Associated to Environmental Damage
Introduction
The visions of creating a damaged-free environment in the future corners the current generation to isolate the causes and corrective measures related to environmental damages. Achieving the dreams of creating a clean and healthy environment requires sober thinking from persons associated with both the damaged and new regions. The aims and objectives of the outline concentrate on engaging specific court cases that serve as a guideline for mastering the relevant principles of managing the environments inhabited by human beings. The unification of the court cases exposes the rot in the society based on the human activities practiced across Australian by her citizens. Moreover, the decisions of the courts regarding the environmental damages assist respondents and the public in estimating the costs required to correct the damages created by damage. Again, the thoughts tied towards the rulings of such cases facilitate the aims of the research of associating law to court reports and testimonies from suspects.
(https://www.google.com/search?sxsrf=ACYBGNQXoDsJHiPPLiAP95DuFT0Gh8y7Bw:1571185269374&q=Graphics+related+to+nmental+damage&tbm=isch&source=univ&sxsrf=ACYBGNQXoDsJHiPPLiAP95DuFT0Gh8y7Bw:1571185269374&sa=X&ved=2ahUKEwjiyu2ewZ_lAhVL1eAKHVM5AKgQsAR6BAgGEAE&biw=1366&bih=625#imgrc=O9wvWDwfFNs9QM:)
* Application of Legal Frameworks regarding Environmental Damage
* Under this section, it is identified that a legal framework is a set of laws and regulations governing the daily operations of particular activities without affecting noninvolved parties. In this case, the rules and principles associated with the management of environments are shortlisted and matched to their significance while reducing damages. Some of the effective and efficient legal frameworks applied in the maintenance of environments are listed below.
1 All lives matter. Lives of everything within the environment are important
2 Nature knows best. Therefore, all characteristics of every environment are defined by nature surrounding them.
3 There is a connection between the living and non-living things within the environment.
4 All situations within the environment are controllable
5 Any object located in the environment has somewhere to go.
6 The earth is finite
7 Nature is beautiful and has to be protected.
8 Human beings are stewards of the environment; hence, they should protect it at all times.
* Expansion of terminologies associated with damaged environments.
1 What is damage, and how does it relate to environmental laws?
2 Relate the effects of pollutants on the environment.
3 Define environmental law and state some of its applications in the real world.
* Listing of legal frameworks associated with environmental law/damage
1 The Franklin dam Case, Tasmania
2 Nathan dam case, Queensland
3 The flying fox case, Queensland
4 Hazelwood power station case, Victoria
5 Japanese Whaling Case, Antarctica
* Practical setup and engagement of human activities within the environment.
1 Air damage is the contamination of the atmosphere through the emission of toxic substances in the fresh air.
2 Water damage: damaging water bodies through the release of chemicals or non-biodegradable substances in large water bodies.
3 Mining; The removal of minerals from the ground through none standard ways may result in environmental damage. Quarrying, for instance, puts the lives of miners at danger. The vast and deep holes dug in such mine sites cause danger to the lives of living things surrounded by such locations.
4 Deforestation; the cutting of trees without replanting them has affected the environment at large. People complain of a lack of rainfalls and various climatic changes such as drought due to the deconstruction of natural trees surrounding human beings.
5 Natural disasters: bush fires and floods are examples of natural disasters that cause environmental damage. Bush fires leave open lands that expose lands to chances of experiencing floods upon the occurrence of heavy rains. The damages caused to the environment affect agriculture; hence, the environment is polluted.
My thinking regarding the application of law on activities leading to environmental damage takes a different direction. Most people appreciate the works conducted by law enforcement bodies concerning the management and control of environmental damages. However, in my case the Australian courts are too lenient to individuals associated to such cases. The application of tiny fines to criminals seem not to bring no changes in the human activities affecting the environment. Therefore, the ways in which law deals with environmental damage is not adequate in balancing the rights and expectations of suspects. Environmental damages continues due to the inappropriate punishment of criminals.
* Notable court cases associated with environmental damage
A. MS Westerhaven Schiffahrts et al. v Belize’s Attorney General. The case was heard in the appellant court of Belize, where the owners of MS Westerhaven were limited to the application of maritime claims. The spillages of oil in the water affected marine animals, thereby resulting in the death of many animals. The concern of protecting the sea environments facilitated the advocacy of the case to the appellant court of Belize. The court decision was quite harsh to the Westerhaven since it was handled as a state case. The attorney general made court decision with reference to the damages caused in large water bodies. The spillage of oil into the affected the lives of sea animals and the environment at large.
B. Jamaica Environmental Trust v Natural Resource Conservation Authority. In 2010, the Jamaican government proposed the development of roads and seaways. However, the locations of the construction sites came up with several challenges. A case was filed to protect the natural resources of the land. The claim number for the case was HCV 05874-2010. The laws governing environmental damage were highlighted under this case to expose the rot in Jamaican societies. The Natural Resource Conservation Authority collided with Jamaican Environmental Trust while arguing about the environmental damages caused and the remedies put in place to rectify such cases. Again, the two parties fought for their rights on who is accredited to maintain the environment.
C. Jamaican Environmental Trust v National Environment and Planning
Other Topics:
- Modern Leadership in a Professional Association. Case StudyDescription: The organizations director has expressed concern that the current board is not aligned with trends, and challenges and wants to provide educations to increase the urgency the Director feels is necessary in order to remain relevant to its customers and increase membership. ...5 pages/≈1375 words| 3 Sources | Harvard | Education | Case Study |
