Markus Kline was a man that lived in a residential area opposite an oil distributing plant owned by Ampol Petroleum Co. Ltd on industrial land. .
Ampol had decided to reintroduce their night shifts, increasing productivity, the depot released sizeable amounts of noxious gas also acidic wastes. The effect of this caused Mr. Kline's car to be ruined. When his washing was hung out on the line it too would be ruined, also all the fumes from the plant would cause Mr Kline Great discomfort, not only that but the noise from the depot would make Mr Kline's house shake damaging it further.
The section applicable to the above situation comes under the law of torts the.
The law of torts covers a variety of legal actions and cannot be precisely defined but generally it concerns one person infringing the rights of another, which basically cover any damage to any person wether it be physical or mental or property.
The law of torts can be broken up into four main sections that cover most damage in respect to the case Mr Kline could claim.
• Negligence - where a person fails to take reasonable care and, as a result injures another person.
• Private Nuisance- Where a private company causes unreasonable interference with another person's privacy also the occupier's right to enjoy their land without interference. .
Mr Kline could sue for damages and get monetary compensation he could also file an injunction against Ampol, forcing them to change their working hours and to slow production. This will give Mr Kline right to enjoy his land. .
There would not be to many defences in Ampol's case, except to either settle or go to court. .
President cases include, page 171 of "Your Law" Haysley vs. Esso.
PART B.
Coles Pays $2.8 Million for Brain Damaged Twins.
On the 28th of February 1981, Mrs Anita Jenkins who was six months pregnant was shopping at a Coles supermarket to do some shopping when he slipped and fell on a puddle of soft drink and was injured physically, causing her twins to be born with cerebral palsy.
