ABSTRACT

One essential purpose of exploring the viability of the hypothetical ozone layer case is to assess whether a civil action can be pursued through the common law of torts. The aim is to assess whether it is legally possible to seek redress for latent environmental and health injuries and infringements on public rights which were caused by past allegedly negligent corporate conduct. By applying tort law, the case evokes both legal and policy questions. The previous chapters have focused on pertinent legal questions to gauge how common and statutory laws could be interpreted to support or refute a cause of action. The conclusion of that discussion was that the case could be theoretically viable if and only if sufficient evidence could be made available. However, it was also deliberated that in many instances, any court reviewing the case would be faced with policy judgments.