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The violation in the past could prove “that the defendant fell short of that standard or breached that duty for the plaintiff to recover on the basis of negligence” (Jennings, 2006, p. 388). Alumina has a duty to the surrounding community and the country to produce aluminum safely and comply with environmental regulations set forth by the EPA. Five years ago, Alumina was found in violation of such environmental regulations and a clean up was ordered. Alumina has since completed an evaluation of procedures to prevent such violations occurring in the future.
A committee has been formed to monitor changing environmental, emissions, and production regulations and this team is charged with developing plans to stay ahead of or in compliance with these new guidelines...
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