To establish legal responsibility under the Superfund Act, courts use strict liability as well as joint and several liability.

Question

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Courts use both strict liability and joint and several liability to establish legal responsibility under the Superfund Act. Strict liability means that a defendant can be held liable even if they were not negligent or intentionally responsible for the contamination. Joint and several liability means that multiple parties can be held liable for the same harm and each party may be held responsible for the entire amount of damages, regardless of their individual degree of fault.

To Establish Legal Responsibility Under the Superfund Act, Courts Use