United States v. Alcan Incorporated - Essay Example

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Summary

This paper 'United States v. Alcan Incorporated' tells us that Therefore, if the defendant can prove that it only caused some portion of harm, then it should be liable for that portion of the amount. In this case, the court held that since Alcan was amongst one of the 20 defendants, hence liable for payment of USD 473, 790.18…

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Subject: Law
Type: Essay
Level: Ph.D.
Pages: 1 (250 words)
Downloads: 2
Author: heath00

Extract of sample "United States v. Alcan Incorporated"

The share of response payment cost towards Alcan was only 5% of the defendant pool. Furthermore, it seems that Alcan's share of liability is distributed on a contributory basis (Antitrust Division 2003).

The court further observed that determination of harm is indivisible and it will not frustrate the right of a defendant to seek a fair share of response cost from other defendants, as the contribution proceeds are on equitable footing. The court is permitted to allocate response cost amongst the responsible where the court has no discretion to determine the division of response cost (Antitrust Division 2003).

In the light of the judgment of the competent court of Alcan is liable to pay the response amount to the tune of USD 0.473 million.

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