Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory

تمرين 7

The Buzby Landfill was operated from 1966 to 1978. Although it was not licensed to receive liquid industrial or chemical wastes, large amounts of hazardous materials and chemicals were dumped there. Toxic wastes began to escape from the landfill because it had no liner or cap. Tests performed by a state environmental protection agency revealed ground water contamination caused by hazardous waste seepage from the landfill. The federal Environmental Protection Agency investigated the situation and recommended that the Buzby Landfill site be considered for cleanup under the federal Superfund law, but the cleanup did not take place. During the 1980s, Canetic Corp. and Canuso Management Corp. developed a housing subdivision near the closed Buzby Landfill. Some of the homes in the subdivision were within half a mile of the old landfill. Some of the homeowners filed a class action lawsuit alleging that Canetic and Canuso had substantial information about the dangers of placing a subdivision near the landfill, but they had not disclosed to buyers the fact that the subdivision was located near a hazardous waste dump. The defendants claimed that they did not have the duty to disclose conditions that happened on someone else's property. Will the defendants win?