Custom essays on The Business Law

By the middle of the 20th century the world began to understand the far-going negative effect of human activities on the environment. In the USA the disturbances were pushed forward by other documents and publications like “Silent Spring” by Rachel Carson, Eisenhower-era Outdoor Recreation report, Clean Air and Clean Water Acts, Wilderness Act, and the panic around Santa Barbara oil spill in particular. To provide more secure future for the nation and to bring up environmental awareness, the government couldn’t stay indifferent anymore and in this way the National Environmental Policy Act, or the NEPA was signed into law. It was meant to “prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man” (Obama, 2010). The law also included putting into work the President’s Council on Environmental Quality. The institution was intended to determine procedural requirements and produce EAs – Environmental Assessments and EISs – Environmental Impact Statements for the executive branch of power.
As for the structure of the law, it includes section with environmental policies and goals working in the USA and a list of provisions to stimulate actions. It works to guarantee that when decisions are taken by federal agencies, the factor of environment is considered equally with other issues. When some project is promoted, it should meet guidelines of the Act (the environmental effects are evaluated and possible alternatives are attracted).

Firstly it is defined whether the project gets under the legislation of the NEPA, then effect is estimated and finally the Environmental Impact Statement is prepared. If the action has been already determined as one having no serious impact, it doesn’t have to go through the detailed evaluation. In case significant impact is expected EIS is drafted (Glasson, Therivel, & Chadwick, 2005). It should include the scale of impact, possible alternatives proposed, comparison of local short-term and greater long-term uses of environment, and also resources required should be listed.
The business law states clearly that there are conditions precedents, conditions subsequent and concurrent conditions of agreement. The conditions precedent refers to the conditions promised beforehand in the contract. For instance, the one party promises to produce definite amount of product and the other agrees to pay for it. In this way condition precedent is bound by bilateral contract. The performance of the conditions precedent is necessary when obligation is performed, or, for example, prior to the estate gets vest. It is important to distinguish between precedent and subsequent conditions. To decide if is precedent or subsequent, we need not only take to account the way the agreement was fixed or the words said, but we should also consider the manifest intention expressed by the parties of the agreement and the way the contract is structured. So, subsequent conditions take place when they are already created by the time the agreement takes place. In this way the right or the estate becomes absolute and there is no way to escape the condition.
Concurrent conditions also look like precedent conditions, but the actions of the parties should be simultaneous. It means that all the parties should be interested in the fulfillment of the conditions and show readiness to perform there role. If the one part is not able or not willing to perform, the other one is discharged. Sometimes this condition works when there is no special prescription in the contract, and the deliver can’t demand money until he supplies the goods.
When conditions are impossible to fulfill because of the third party’s actions, some natural disasters or other reasons independent from the parties involved, the performance of the contract is excused. The same is when because of some events in the local, national or international economy the action becomes commercially impracticable (Sullivan, & Sheffrin, 2003).
All in all, in this way the third party shows its rights and discharges.

References
1. Barack Obama (2010). Presidential Proclamation – 40th Anniversary of the National Environmental Policy Act.
2. Glasson, J, Therivel, R, & Chadwick A. (2005). Introduction to Environmental Impact Assessment. London: Routledge.
3. Newman, P. A., Nash, E. R., Kawa, S. R., Montzka, S. A. & Schauffler, S. M (2006). When will the Antarctic ozone hole recover?. Geophysical Research Letters, 33: 12-14.
4. Sullivan, A., & Steven M. Sheffrin (2003). Economics: Principles in action. New Jersey: Upper Saddle River.
5. Sullivan, T. F.P. (2007). Environmental Law Handbook. Blue Ridge Summit, PA: Government Institutes/Scarecrow Press.
6. U.S. Council on Environmental Quality (CEQ) (2007). A Citizen’s Guide to the NEPA: Having your Voice Heard. Washington, D.C. pp. 2–7.