Let's begin our discussion this week with these questions:
Which warranties, if any, do you think the manufacturer of the air conditioner breached and what remedies are available because of its breach?
Was Lake's death a foreseeable consequence of the air conditioners failure to operate properly? Why or why not?
Q2) The purpose of Congress in passing CERCLA first and foremost was to insure the clean-up of substances that endanger the public. CERCLA gives the government several powerful tools to use when attempting to collect clean-up costs from responsible parties. Among those tools is the authority to place a lien on a responsible party's property without providing for a reasonable hearing before placing the lien.
To start off this discussion we must first ask whether placing a lien on a piece of property without prior opportunity to be heard in a Court of Law or Administrative Hearing is constitutional. What do you think based upon our readings for the week and other information you know about the constitution? Is the power to place a lien on a piece of property without prior opportunity to be heard in a court of law or an administrative hearing constitutional? Why or why not?
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