Question: Environmental Consultants Ltd. (ECL) was hired by Crass Developments Ltd. (CD) to evaluate a prospective development site for signs of pollution. The site had previously

Environmental Consultants Ltd. (ECL) was hired by Crass Developments Ltd. (CD) to evaluate a prospective development site for signs of pollution. The site had previously been used for a variety of industrial purposes, but was then vacant. CD was considering a number of possible sites and wanted to choose the one with the lowest environmental risk. At the time, ECL had plenty of work and wished to complete the evaluation for CD as quickly as possible. The senior partner at ECL assigned two junior employees to the CD job - one with two years’ experience and the other just recently hired. They did a site inspection and conducted a few soil tests that were appropriate for a “clean” site, but not one that had been used previously. They produced a positive report. The senior partner was out of the office for a few days, so the report was sent to CD without his approval. CD bought the land; a year later, signs of pollution began to emerge and CD was responsible for an expensive cleanup effort. To what degree are ECL and the three employees responsible for CD’s cleanup costs?

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ECL has committed the tort of professional negligence It is clear that ECL owed a duty of care to CD ... View full answer

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