Through no one$$s fault, a sludge dam of the Phillips Phosphate Company breaks. Millions of gallons of sludge run off into a nearby river that empties into Pico Bay. The fishing industry in the bay area is ruined. Is Phillips Phosphate liable to the fishing industry?

Using $1)$ Briefly summarize the facts of the case $-$ restating the facts in a clear and concise manner $($ You must understand the facts of a case before you can attempt to resolve it$)$

$2)$ Identify the major issue$($s$)$ that flow from the facts $($Legal issue$).$ Sometimes this process indicates the various avenues of litigation open to the plaintiff. For instance the issues identified can suggest that both Negligence and Strict Liability may be pursued.

$3)$ Identify the elements of each issue $($Determine the relevant elements of each issue. For instance Negligence has: Existence of Duty of care, Breach of that Duty, Proof of Injury and Causation or Proximate Cause$).$

$4)$ Discuss the elements of each issue as they apply to the case.

$5)$ Apply the relevant law $($Make a decision based on the relevant law$).$

$6)$ Cite a supporting case $($As this is common law, briefly state the facts of the supporting case and show how it can serve as a precedent to your case problem$).$the above example, answer the following questions: