Air and crops pollution– principle of assuming consequences and
principle neighboring harm – unfamiliar harm – industrial activity –
environmental liability.
The liability of the ROYAL OFFICE OF PHOSPHATES (OCP) is based on the neighboring harm or what is known as unfamiliar harm reflected, according to the facts of the case, in the smoke and gas emission from its factories. These emissions harmed the appellant’s crops. That kind of liability is not based on an error or abuse in the use of a legal right; yet it is based on a theory of assuming liability, that is to say the ROYAL OFFICE OF PHOSPHATES (OCP) assumes consequences of an activity of using its factories which it benefits from. As a result it is liable for compensating the damage suffered by the owners of the harmed neighboring lands.

Request rejected