Ward Bond was the sole director of Able Contractors and Hauling Ltd.The corporation entered into a contract to dig up and remove a below-ground storage tank that contained a residue of pesticides.The corporation dug up the tank and placed it on a flatbed truck for transportation to an approved disposal facility.While the tank was being transported,it started to rain.The driver called Ward to ask what he should do,because he had no tarpaulin to cover the tank.Ward knew that a tarpaulin would be useful but the cost would be several thousand dollars,so Ward instructed the driver to park the truck until the rain had stopped.The driver did so in a restaurant parking lot and the rain washed out the pesticide residue from the tank.It leaked onto the parking lot below the truck.The driver noticed this and called Ward to find out what to do and Ward told him to leave immediately and go to the disposal facility.The pesticide residue was ultimately discovered and led to a clean-up at a cost of $35 000.What potential liability is there as a result of this situation? Who do you think will be liable,and what is the nature of their liability?
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