Allpay Industries, in manufacturing its products, emits noxious fumes into the neighboring community. It also releases pollutants into a stream that runs through its property. Identify the elements of a tort in general and discuss whether Allpay's actions constitute a tort. If so, identify the tort
In general, a tort involves the breach of a duty owed by one person to another when the breach proximately causes injury or damage to the owner of a legally protected interest. Businesses, as well as individuals, may be responsible for torts. Allpay Industries is committing the tort of nuisance by polluting the stream and the air. A nuisance is a nontrespassory invasion of another's interest in the private use and enjoyment of land. Nuisance does not require interference with another's right to exclusive possession of land, but it imposes liability for significant and unreasonable harm to someone else's use or enjoyment of land.
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