Legal and Ethics Week 4
Student’s Name
Institutional Affiliation
Reflection
Chapter 10 readings have enlightened me on several concepts and terminologies in regard to environmental regulation as well as sustainability. One of the terminologies I have learnt during this week’s reading is; nuisance. I have discovered that nuisance is the act of preventing an individual to enjoy their lives where injunctions as well as damages are possible (Jennings, 2014). It is worth noting that nuisance can be private or public tort under the common law. Moreover, there are three regulations that control air pollution in the US which include clean air, air pollution control as well as air quality acts. Each of these acts is essential in dealing with the problem of environmental air pollution by controlling the air pollutants emitted in the environment (Jennings, 2014). Besides, chapter ten provides different ways through which water pollution is controlled in the US using the water quality act as well as the water pollution regulation. In chapter 11, I have learnt several lessons in regard to contracts made between different parties. Some of the contracts signed by various parties in regards to different issues include bilateral, unilateral, express as well as implied-in-fact contracts (Jennings, 2014).
Discussion
- It is allowed for California to adopt stricter rules than the federal regulations concerning the utilization and production of pesticides. Notably, the United States environmental protection agency (EPA) plays the roles of setting minimum pesticide usage regulations that ought to be followed in every state in the US (Jennings, 2014). However, individual states have the permission to make the regulations more rigorous and stricter as long as they do not go below the standards set by EPA. Hence, it will not be permissible for California to set much less strict pesticide usage and production regulations.
- Sammy can seek damages under this contract since the contract was legally binding since both Deceitful Dad and Sammy had intentions to enter into a legal relation. Hence, this acts as evidence that both parties entered into a binding contract, which makes their agreement enforceable. Besides, they notarized their agreement thus making it enforceable. Therefore, Sammy can seek damages since his father violated the contract (Jennings, 2014). The result will be similar if Sammy had paid Dad to take him to the store.
- A contract has to meet certain elements for its to be considered valid and be enforceable under the law. To begin with, a valid contract ought to have an offer. This is a valuable thing given by one of the parties to another in order to get another valuable thing. The second element is acceptance, which implies that the offer can either be accepted or rejected (Jennings, 2014). The third element is the consideration. This occurs when parties getting into a contract evaluate the gains they will get from the contract. Fourthly, both parties entering into a contract ought to have the legal intention and mutual agreement to enter into a contract. Fifth, the parties getting into a contract must have the capacity to enter into a legal contract. Finally, a valid contract must be legal.
Week 4 – Short Essays
Question I
Endangered species act (ESA) is an act that gives individual citizens and private firms permission to sue the federal government for different violations against these private individuals and companies. It is difficult for a private organization or person to initiate a lawsuit against the federal government because the litigants have to communicate to the ESA violators besides giving them a 2 months grace period prior to filing the case. Furthermore, the litigants are required to pay legal fees for the application of such lawsuits especially if they are erratic. These fees complicate the application process of lawsuits for litigants. In addition, the litigants must provide sufficient evidence to show the ESA violation had negative effects on them.
Question II
The dealer cannot enforce the oral contract because it is a void contract. Besides, the illegal drug manufacturer and dealer contract is also illegal since the sale and purchase of illegal drugs is a violation against public policy thus making it difficult to enforce. In addition, such a contract is not recognized under the law.
Question III
Party B will prevail. An express contract can be done verbally or through writing. Both parties A and B understood the terms of the contract and each of them had identified a valuable consideration before agreeing to sign the contract. Hence, no one should change his or her mind after the contract has been finalized. Therefore, if Party A pulls out of the contract, he or she will have to pay damages or be sued at a court of law by party B for bleaching the contract.
Reference
Jennings, M. M. (2014). Business: Its legal, ethical, and global environment. Nelson Education.