Private and public environmental laws
Chapter 10
The chapter discusses various aspects such as the private and public environmental laws, enforcers of the environmental laws as well as the penalties resulting from the violations of such laws. Under common law, there is nuisance that ensures that there is relief to the community and land owners when the activities of one of their own have an impact on their properties and rights such as air pollution, noise and small from wastes. Statutory environmental laws applies to all laws relating to the environment at the federal level and they range from those regulating water, air as well as solid waste dispol.Clean Air Act brought about the environmental protection agency as the enforcement authority that was mandated with the establishment of air quality standards. Clean Water Act was established under two goals that include zero discharge of the pollutants and the waters used for swimming and fishing thus outlining the two uses. Under the act, Federal Water Pollution Control Administration was merged with the Environmental protection Agency which allowed the establishment of multiple discharges for industries to comply.
Regulations on solid waste disposal entails Toxic Substances Control Act which ensures that mandates monitoring of the chemical dumping and gives EPA powers to monitor and regulate manufacturing and disposal of the substances that are toxic in nature. On the other hand, Resource conservation and Recovery Act, dictates on methods of wastes disposals by issuing permits at the same time prohibiting dumping. Environmental Quality regulation entails National Environmental Policy Act which requires that Federal Agencies has to provide Environmental Impact Statements in all the major activities they undertake. There are various penalties imposed for violation of the acts such as imprisonment, fines as well as fifteen years imprisonment for repeat of the violation or intentional conducting of the violation.
Chapter 11
A contract is the term used to refer to the set of promises whereby if there is a breach the law usually provides the remedy. There are two main sources of contract law that includes common law and the Uniform commercial Code. In this case therefore, the common law applies to the contracts that relate land matters as well as services such as the Mortgage and provision of medical services. Uniform Commercial Code was established to solve the challenge of uniformity that was evident in common law and it includes the contracts for the sale of goods. There are various types of contracts including bilateral vs. unilateral, where in bilateral, the offeror promise to pay back unlike in the unilateral where the offeree is the one who gives a promise to the offeror.
Express contracts are those that are written while the implied contracts are not written such as the patient doctor agreements. Other type of contracts includes Quasi, void, voidable, executed and excecutory contracts. There are several requirements that govern Consumer credit contracts and they includes; Equal Credit Opportunity Act that discourages discrimination on both parties ,Truth Lending Act that provides for the disclosure of credit while the Credit Accountability responsibility and Disclosure act restricts for the solicitation of the Credit cards to un-interested parties such as those under the 21 years of age. Therefore parties, subject matter and quantity are essential aspects that are required in formation of contracts under the UCC depicted in article 2.