Ward Bond Was the Sole Director of Able Contractors and Hauling

Essay

Ward Bond was the sole director of Able Contractors and Hauling Ltd. The corporation entered into a contract to dig up and remove a below- ground storage tank which contained a residue of pesticides. The Corporation dug up the tank and placed it on a flat- bed truck for transportation to an approved disposal facility. While being transported it started to rain and the driver called Ward to ask what he should do as he had no tarpaulin to cover the tank. Ward knew that a tarpaulin would be useful but the cost would be several thousand dollars so Ward instructed the driver to park the truck until the rain stopped. The driver did so in a restaurant parking lot and the rain washed out the pesticide residue from the tank. It leaked onto the parking lot below the truck. The driver noticed this and called Ward to find out what to do and Ward told him to leave immediately and go to the disposal facility. The pesticide residue was ultimately discovered and led to a clean- up at a cost of
$35,000. What potential liability is there as a result of this situation? Who do you think will be liable and what is the nature of their liability?