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Law Assignment
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Measures to protect oil spill in USA
The two measures taken to control oil spill taken by the US administration are as follows
SPCC program
It is known as the spill prevention, control and countermeasure program that comes under the ambit of Environment protection agency which is governed by the federal body of USA. This program promotes safety and countermeasures to prevent oil spills on the assumption that the cost of cleaning and the underlying hazardous effects due to oil spills are much more than the cost of oil lost due to spills. The program ensures that every oil facilities beyond a certain capacity ensure that their facilities are well equipped to prevent and handle oil spills (EPA, 2010).
Thick Hulled tanks to transport oil through rails
This is a safety measurement to ensure that the tanks are thick hulled to transport oils through railways. The measure ensures that rail would continue to be one of the prime means of oil transport in USA because of its cost effectiveness.
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Measures to protect wet lands
The measures undertaken by USA to protect wetlands are as follows.
Protection of Wetlands act
The protection of wet lands act under Environment protection agency on 24th of May 1977 is designed to protect wetlands in USA from degradation and manipulation of wetlands by agencies for construction purposes. Under this act the agencies are compelled to take measures as mentioned in the act (EPA, 2016).
Monetary Funding
Monetary funding in the form of subsidy and tax break schemes for agencies involved in wet land conservation is to ensure that wet land conservation are assisted by state and federal agencies.
Liability waiver agreement
Liability waiver agreement is an agreement that is contained in the general agreement paper which the consumers have to sign before they subscribe to the product and services provided by the company. Liability waiver agreement once signed bars the consumers from suing the company of any liability due to loss of property, life or health sustained after using the product and services by the company.
This liability waiver agreement is mostly seen in gym and recreation sports company across U.K to thwart any unforeseeable risk of being liable for loss of property, life or health to consumers after they have sustained any while using the product and services of the company.
Below are the two companies that attempts to waive liability by documenting an agreement to be signed by consumers before they use the products and services of the company.
Business
The company is a gymnastics company that specializes in providing gymnastics facilities to children across its various branches for betterment of children’s overall health. The company specializes in increasing children’s ability to increase their physical and mental stamina through its modern equipments and training programs.
Disclaimers
The waiver agreement above clearly mentions that the participants are barred from suing the company in case of any form of liabilities that may occur in the form of loss to property, health or life while undergoing the gymnastics program at the company. It also states that the participants are aware of their good health that allows them to participate in the program and that they are aware of all the risks foreseeable or unforeseeable in future associated with using the services of the company. The consumers cannot sue any administration, employees, sponsors and advertisers, other participants, volunteers and agents associated with the company. Furthermore, if the participants are minor, parents or guardians are made to sign the waiver agreement so as to enforce the waiver agreement.
USA Wrestling
USA wrestling is an organization that provides membership and coaching to the aspiring wrestlers in USA to excel professionally in the wrestling world. The organization is known for producing many world class wrestlers in USA.
Disclaimers
The disclaimers used by the organization also bars participations from suing the organization in case of any loss to property or life for any liabilities as per the US liability law. The organization, in its waiver agreement also implies that the participant members are fully aware of their health status, foreseeable and unforeseeable risks associated with the programs of the organization. In case of minor, the parents or the guardians have to sign the waiver agreement on behalf of their minor participants (USA Wrestling, 2016).
Opinion
The above two companies mentioned have successfully disclaimed any liability attempt that consumers may claim arising out of any loss of property, life or health. However, in case of gross negligence on part of the organizations the consumers may bring up the liability claim on substantial evidence to be decided in the court of the law of respective US states. As these events are full of risks, the liability waiver law clearly mentions that any foreseeable and unforeseeable risks come under the purview of the agreement (Emily Wilton, 2006).
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Emily Wilton, L. S. (2006). Pillsbury Global Sourcing. Retrieved 12 11, 2016, from http://www.pillsburylaw.com: http://www.pillsburylaw.com/siteFiles/Publications/0C62DFD605F0471619ADF0E2E5576E98.pdf
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EPA. (2010). EPA. Retrieved 12 11, 2016, from https://www.epa.gov: https://www.epa.gov/sites/production/files/documents/spccbluebroch.pdf
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EPA. (2016). EPA. Retrieved 12 11, 2016, from https://www.epa.gov: https://www.epa.gov/cwa-404/protection-wetlands
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USA Wrestling. (2016). Retrieved 12 11, 2016, from http://content.themat.com: http://content.themat.com/forms/Medicalwaivers.pdf
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