Part A
1. Describe two (2) legislations that have been implemented to minimize the damage caused by oil spills.
2. Describe two (2) measures taken to protect wetlands in the United States.
Part B
Find two (2) examples of businesses in your local community that attempt to disclaim liability for damage to or loss of bailed property (usually, the disclaimer is in the form of a sign behind a cash register, or language on a ticket stub.) Examples of businesses that typically attempt to disclaim liability for damage to or loss of bailed property include automobile mechanics and dry-cleaning establishments.
1. Provide basic information concerning each of the two (2) examples:
a. Names of the establishments
b. Nature of their businesses
c. Language of their attempted disclaimers of liability.
2. Provide your reasoned opinion as to whether, in any or all of the examples you have discovered, the businesses have effectively disclaimed liability. Provide at least two (2) supporting facts to justify your position.
Business Law C12V
Assignment 08,
Legislations Implemented For Disclaim Liability
Oil spills is one of the major problem in United States. There are number of laws that have been implemented to reduce the damage caused by oil spills. The main two legislations are Oil Pollution Act (OPA) and Clean Water Act (CWA). The Oil Pollution Act is the principal legislation which was approved in 1990 that governs oil spills in the United States. The OPA was authorized to control or misuse of future oil spill if it should occur and it was also made to impose penalties. It is necessary for the oil industries to properly modify their plans or process and to present contingency plan to the concerning federal authority. The OPA was assigned to the US Coast Guard. It is also necessary for the Oil Pollution Act to transport oil in the U.S. water with doubled hull vessel and liability covered by an insurance incase of any accident. Another main legislation Clean Water Act was the most extensive legislation and made for the reaction and liability for the safety after reporting the oil spill. This act prohibit to throw the pollutants into water without the permit of National Pollution Discharge Elimination System. It observes the quality of water and gives a permit to discharge the pollutants from a certain points. It is very important to the government to measure the quality of water for the safety of the local people.
Wetlands means the area of the land where water covers the soil or upper part of land for a long period of time. There are varieties of plants and animals surviving on wetlands. That’s why it is our duty and responsibility to conserve wetlands. There are some actions to follow to protect wetlands. 1. We can participate in local or government programs which helps to conserve and restore these wetlands. There are many environmental organizations and community groups to organize these types of programs for the clean environment. By picking up all trashes, litter, by not throwing motor oil, chemical fertilizers, toxic chemicals in a wetlands and by reducing, reusing and recycling our daily household items rather than throw it near to the wetlands. If some people or company do such type of illegal activities like filling, dumping or clearing we can inform to the government authorities. 2. Another way to protect wetlands is providing education about the importance of wetlands. Because many people think that wetlands are wastelands. Wetlands protect us indirectly from soil erosion, flood and many other natural calamities. It is also a home for many plants and animals. To educate people about the value of wetlands we can also make ponds or lakes in the upper part of the land to make wetland for the life of aquatic and terrestrial animals. We have to encourage and support to the government laws to protect and restore wetlands.
There is a large use of automobile in our society. It is an important part of our daily life but it is also the main reason of pollution in our society. Before ten years there was an industry of automobile company named TATA near from our society. This industry used to produce cars and its parts like batteries, engines, doors, windows, switches, brakes and tires, etc. In one hand it was good for the society that the local people were getting job and the economically my society was raising up but on the other hand the toxic acid, chemicals used in painting and coating, damaged batteries and garbage from the industry had a bad and dangerous impact on the environment. Many people were suffered from different kind of diseases because of water, land and air pollution. Later, with the help of local people government succeed to close the TATA industry from our society. But the factory is still there near from our society and the TATA company refuse to take responsibility of polluted environment because the owner of this company told that he was paying a huge amount of money to the government and high paying job to the local people. Now, it is like a damage or loss property. I have heard that the TATA company had established another factory in an another place which is very far from the people living area to continue their work.
Similarly, after few years there established another dry cleaning company named Tip-Top dry cleaning service in our community. This company used to wash, clean and pressed household and industrial articles like carpets, cloth garments, blankets, leather, linens and many more in like-new condition. This company also used to provide home service and the price was suitable for the people of our society. Nobody was known about the bad effects of the dry cleaning or laundry service. After few years, slowly people got knowledge and way to clean our clothes. Because few children, adult and elder people of our society were suffered from bladder cancer, spontaneous abortion, menstrual, sperm disorders and reduced fertility. We came to know that the dry cleaning industry used to use a chemical called perchloroethylene or PERC to clean clothes which cause a number of deadly effects on health. The high level use of PERC can affect the kidney, central nervous system, liver and cause for changes in personal behavior and mood. As same as TATA company this Tip-Top dry cleaning service was closed by government authorities by the increasing number of bad effect on the health of victims. This dry cleaning industry also deny for the responsibility of the bad effects on the health of local people. From the statement given to the court of the owner of dry cleaning, it was said that he was doing his work as others do and unknown about the bad impact of the product he used to clean clothes. It's been a long time that this industry has been closed that’s why nowadays government is planning to build something new to utilize the land of the Tip-Top dry cleaning which will not have bad impact on society.
From the view of the big companies it is right to refuse to take responsibility because of their company's bad impact on society. In many cases like Tip-Top dry cleaning even the owner of the company is unknown about the bad effects of their services to their clients. They do their work properly as others do. The government should prohibit to sell that types of chemicals which can damage health of the people. The government should encourage to the scientists to produce chemicals which will not harm directly or indirectly on people's life. Somewhere our government is also responsible for this. In another cases like TATA, this company had provide jobs and uses the local resources for the use of their company. In one hand the lifestyle of that community was changing and was raising up but on the other hand they were losing their life. Even in this case government plays an important role. Because without the authority of government nobody can establish any business anywhere. Due to the lack of the knowledge about the future impact to some of the government authorities, the big companies are losing their property and the people are losing their life. In my personal opinion, it is on the hand of government to build and to destroy anything. Specially, U.S. government do such type of tasks for the certain amount of money.
References
Henry Cheeseman (2013). Business Law: Legal Environment, Online Commerce, Business Ethics and International Issues (8th Ed.). Boston: Pearson.
Jonathan L. Ramseur (2013). Oil Spills in U.S. Coastal Waters: Background, Governance and Issues for Congress. Columbus: BiblioGov.
Kenneth W. Clarkson, Roger LeRoy Miller & Frank B. Cross (2010). Business Law: Text and Cases: Legal, Ethical, Global and Corporate Environment (12th Ed.). Boston: Cengage Learning.
