nuisance case briefs

nuisance case briefs - Philadelphia Electic Coompany v....

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Philadelphia Electic Coompany v. Hercules, Inc. US Court of Appeals, 3 rd Circuit, 1985 Facts: PICCO sold land to Gould, then sold it to PECO – the land had been used to operate a hydrocarbon resin plant. PECO becomes the Plaintiff of this case. Hercules, the Defendant, took over PICCO’s debts and liabilities- so when chemicals that had been used by PICCO were found to be polluting the Delaware River, PECO, the now owner of the property, had to pay $400,000 to clean up the pollution. PECO sued Hercules on the basis of nuisance, and the trial court jury found for PECO- Hercules appealed. Issue: Can Hercules, who took over PICCO’s debts and liabilities and thus was the vendor of the PICCO property to PECO, be held liable in nuisance to the vendee (PECO)? Holding: No- the relationship between buyer and seller is ruled by caveat emptor. Since Hercules made no fraudulent misrepresentations, PECO cannot hold Hercules liable. Morgan v. High Penn Oil Co.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

Page1 / 2

nuisance case briefs - Philadelphia Electic Coompany v....

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online