Aspects Of Contract Essay Example for Free

Aspects Of Contract Essay Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract, there must be an acceptance of the offer as noted above. Until the offer is accepted, both parties have not assented to the terms and, therefore, there is no mutual assent. Offeree in a manner invited or required by the offer. Whether an offer has been accepted is a question of fact. The effect of acceptance is to convert the offer into a binding contract. To form a contract it is necessary that there is a party capable of contracting and a party capable of being contracted with on the other side. In other words, to enter into a valid, legal agreement, the parties must have the capacity to do so. Consideration No contract will exist without sufficient consideration due to agreement with the other two party has agree with the term and condition as well. Mutual Assent There must be mutual assent or a meeting of the minds on all negotiated terms between the parties and on all the essential elements in terms of the contract to form a binding contract. Intention to create legal relation In some jurisdictions, the parties must also have a present intent to be bound by their agreements. It is not necessary that the assent of both parties be given at the same time. Also, it is not necessary that communication of the assent be simultaneous. Task 1.2: Discuss the impact of different types of contract? A bilateral contract is an agreement between at least two people or groups. A bilateral contract is enforceable from the get-go; both parties are bound the promise. For example, one person agrees to wash the other’s car in return for having his/her lawn mowed. Acceptance of the offer must be communicated for an agreement to be established. A unilateral contract is one where a party promises to perform some action in return for a specific act by another party, although that other party is not promising to take any action. Acceptance may take effect through conduct and need not be communicated Task 1.3: Analyse terms in contracts with reference to their meaning and effect? Terms of contract set out duties of each party under that agreement. Generally, the terms of a contract may be either: Wholly oral, wholly written and partly oral and partly written. Terms are to be distinguished from statements made prior to the contract being made. Express terms When a contract is put down in writing, any statement appearing in that written agreement will usually be regarded as a term, and any prior oral statement that is not repeated in the written agreement will usually be regarded as a representation, due to the assumption Implied term These are terms that courts assume both parties would have intended to include in the contract had they thought about the issue. They are implied on a â€Å"one-off† basis. Two overlapping tests have been trade used to ascertain parties’ intention. Business efficacy test: terms must be implied to make contract work. There are terms which the law will require to be present in certain types of contracts (i.e. not just on â€Å"one-off† basis and sometimes irrespective of the wishes of the parties). Task 2.1: Apply the elements of contract in given business scenarios? Offer can be seen from the case when Tam’s college offers admission to it student who under take s the vocational qualification. Acceptance can also be seen from the student when they agree to bound by the school regulations. Consideration is when the student promise to act in certain way. This is particularly important where the agreement involves a promise to act in a particular way in the future. Task 2.2: Apply the on terms in different contracts? Conditions These are the most important terms of contract. Serious consequences if breeched. Innocent party can treat contract as repudiated (and thus is freed from rendering further performance of contract) and can sue for damages. Description in contract of term as â€Å"condition† is not necessarily determinative of question whether term is condition. Courts tend to search for evidence that parties really intended term to be such. Task 2.3: Evaluate the effect of different terms in given contract? Conditions are so important that without them one or other of the parties would not enter into the contract. Consequently, to make a condition  falsely, or to breach a condition, is viewed so seriously that the wronged party will be entitled to treat the contract as void, voidable or at least rescinded. Where the term is a warranty, the wronged party will only be able to seek monetary damages for any loss suffered. Task 3.1: Contract liability in tort with contractual liability? The non-breaching party has a duty to mitigate damages. If it does not do so, its damages will be reduced by the amount that might have been avoided by mitigation. In employment contracts, the employee is under a duty to use reasonable diligence to find a like position. Liquidated Damages A liquidated damages provision will be valid if (i) damages (ii) the amount agreed upon was a reasonable forecast of compensatory damages. If these requirements are met, the plaintiff will receive the liquidated damages amount even though no actual money damages have been suffered. If the liquidated damages amount is unreasonable, the courts will construe this as a penalty and will not enforce the provision. Task 3.2: Explain the nature of liability in negligence? The primary function of the Law of Torts is to provide remedies to claimants who have suffered harm, loss, or an infringement of rights. The harm includes physical injury to persons or property, damage to persons’ reputations or financial interests, and interference with persons’ use and enjoyment of their land. However, just suffering such a loss does not necessarily mean the law will provide a remedy; a claimant must show that the person committing the tort owed them a duty of care and that the tort caused the loss. Task 3.3: Explain how a business can be vicariously liable? The company is liable when the manager is under the control of the employer that the employer tell the employee how to the work and when to the work. the work that the employee does forms part of the general business of the organisation. There is a contract of service between the organisation and the employee. Daniels v Whetstone Entertainments Ltd [1962] A nightclub bouncer forcibly ejected Mr Daniels from the premises following a disturbance. Once outside, the bouncer assaulted him. Task 4.1: Apply the element of the tort of negligence and defences in different business situations? Negligence is an important tort that covers a wide range of situations where persons negligently cause harm to others. In order to succeed in an action for negligence, it is necessary for a claimant to establish the following three elements: 1. The defendant owed the claimant a duty of care. 2. The defendant breached that duty of care. 3. Reasonably foreseeable damage was caused by the breach of duty. Task 4.2: Apply the elements of vicarious liability in given business situations? Employers are vicariously liable for Employee acts authorized by the employer Unauthorized acts so connected with authorized acts that they may be regarded as modes (albeit improper modes) of doing an authorized act. There is normally rarely an issue as to whether a given act falls within the first category The difficult cases involve assessing the connection between the act and the employee’s employment. Bazley established that the connection between the employment and the tort contemplated in the second branch of the Salmond test had itself to be addressed in two steps: The Court must first examine â€Å"whether there are precedents which unambiguously determine on which side of the line between vicarious liability and no liability the case falls.† If the prior case law does not clearly suggest a solution, then the Court is to resolve the question of vicarious liability based on a policy analysis directed at ascertaining whether the employer’s conduct created or enhanced the risk that the tort would occur. Task 4.3: Discuss three methods you can use to apply elements of tort properly in a work a place? CONTROL One of the traditional explanations of vicarious liability is that the employer should be vicariously liable since the employer controls the activities of her employees. The relationship between the parties As duties in tort are fixed by law, the parties may well have had no contact before the tort is committed. Unliquidated damages The aim of tort damages is to restore the claimant, in so far as money can do so, to his or her pre-incident position, and this purpose underlies the assessment of damages. Tort compensates both for tangible losses and for factors which are enormously difficult to quantify, such as loss of amenity and pain and suffering, nervous shock, and other intangible losses.. LIST REFERENCE Atiyah P S — Introduction to the Law of Contract (Clarendon Press, June 1995) ISBN: Beale/Bishop and Furmston — Contract — Cases and Materials (Butterworth, October 2001) Cheshire/Fifoot and Furmston — Law of Contract (Butterworth, October 2001) ISBN: Cooke J — Law of Tort (Prentice Hall, May 1997) ISBN: 0273627104

Mother Daughter Relationships - The Mother-daughter Relationship in Amy

Daughters and Mothers in The Joy Luck Club Children, as they become adults, become more appreciative of their parents. In The Joy Luck Club, the attitudes of four daughters toward their mothers change as the girls mature and come to realize that their mothers aren't so different after all. As children, the daughters in this book are ashamed of their mothers and don't take them very seriously, dismissing them as quirky and odd. "I could never tell my father . . . How could I tell him my mother was crazy?" (p. 117). They don't try to comprehend their culture, which is a big part of understanding their traditional Chinese mothers. On page 6, one of the daughters states, "I can never remember things I don't understand in the first place," referring to Chinese expressions her mother used. When their mothers show pride in them, the girls only show their embarrassment. One daughter shows her shame when she says to her mother, "I wish you wouldn't do that, telling everyone I'm your daughter" (p. 101). The girls cannot relate to their mothers because they were raised in a different world. No matter how much the mothers care for them or how much they sacrifice to make their girls' lives better, the daughters are blind to their mothers' pain and feelings. All four of the Joy Luck mothers need their daughters to understand them, pass on their spirit after they are gone, and understand what they have gone through for their girls. One mother dreams of doing this on her trip to a new life: "In America I will have a daughter just like me . . . over there nobody will look down on her . . . and she will always be too full to swallow any sorrow! She will know my meaning because I will give her this swan . . . it c... ...n away a long time ago to what I had imagined was a safer place. And hiding in this place, behind my invisible barriers, I knew what lay on the other side: her side attacks. Her secret weapons. Her uncanny ability to find my weakest spots. But in the brief instant that I had peered over the barriers I could finally see what was really there: an old woman, a wok for her armor, a knitting needle for her sword, getting a little crabby as she waited patiently for her daughter to invite her in. (pp. 203-204) In conclusion, as children, the daughters didn't understand their mothers or their culture. The daughters were being raised in a different world. Their perceptions of their mothers changed, though, as they grew up and realized that they weren't so different from them after all. They finally understood and respected their traditional Chinese mothers. Mother Daughter Relationships - The Mother-daughter Relationship in Amy Daughters and Mothers in The Joy Luck Club Children, as they become adults, become more appreciative of their parents. In The Joy Luck Club, the attitudes of four daughters toward their mothers change as the girls mature and come to realize that their mothers aren't so different after all. As children, the daughters in this book are ashamed of their mothers and don't take them very seriously, dismissing them as quirky and odd. "I could never tell my father . . . How could I tell him my mother was crazy?" (p. 117). They don't try to comprehend their culture, which is a big part of understanding their traditional Chinese mothers. On page 6, one of the daughters states, "I can never remember things I don't understand in the first place," referring to Chinese expressions her mother used. When their mothers show pride in them, the girls only show their embarrassment. One daughter shows her shame when she says to her mother, "I wish you wouldn't do that, telling everyone I'm your daughter" (p. 101). The girls cannot relate to their mothers because they were raised in a different world. No matter how much the mothers care for them or how much they sacrifice to make their girls' lives better, the daughters are blind to their mothers' pain and feelings. All four of the Joy Luck mothers need their daughters to understand them, pass on their spirit after they are gone, and understand what they have gone through for their girls. One mother dreams of doing this on her trip to a new life: "In America I will have a daughter just like me . . . over there nobody will look down on her . . . and she will always be too full to swallow any sorrow! She will know my meaning because I will give her this swan . . . it c... ...n away a long time ago to what I had imagined was a safer place. And hiding in this place, behind my invisible barriers, I knew what lay on the other side: her side attacks. Her secret weapons. Her uncanny ability to find my weakest spots. But in the brief instant that I had peered over the barriers I could finally see what was really there: an old woman, a wok for her armor, a knitting needle for her sword, getting a little crabby as she waited patiently for her daughter to invite her in. (pp. 203-204) In conclusion, as children, the daughters didn't understand their mothers or their culture. The daughters were being raised in a different world. Their perceptions of their mothers changed, though, as they grew up and realized that they weren't so different from them after all. They finally understood and respected their traditional Chinese mothers.

The Korean War: Tactics and Logistics

The Second World War officially ended in the year 1945. It was a devastating war that many hoped that it should be fitting to end all wars and for a change give the world a breathing space, to be granted that very elusive peace. Yet, perhaps those who wished for a world in harmony after World War II may have underestimated mankind’s appetite of some leaders who wanted to be supreme rulers of the globe. So, five years after the guns were silenced in the Great Theater of war in Europe, another dangerous conflict is brewing in Korea. Here, one can see a display of things to come because Vietnam and Afghanistan are still future events.  In the Korean War the world became witness to what happens when superpowers decide to play chess. Unfortunately, this game is not played the traditional way with wooden pieces and all. This time the chessboard is the Korean Peninsula and the pieces are either the native Koreans or imported as in soldiers coming in from all over the world. It is interesting to note that this is not a World War in the truest sense of the term, but the true players are global leaders who happened to confine their violent resolution in a specific location, Korea. The United States, Russia, North and South Korea, United Kingdom, Canada, Australia and other Asian nations were participants in this war of attrition. The battle lines were drawn and it was named the 38th parallel. This allowed for a little bearing in a very confusing time, hoping to give a little bit of clarity in a very agitating situation. According to Carter Malkasian, â€Å"It was the only occasion in the Cold War when the military forces of the People’s Republic of China (PRC), the Soviet Union, and the USA (plus its Western allies) met in combat [†¦] Thus, the Korean War was not merely a war fought between proxies of the major powers, like the latter conflicts in Vietnam or Afghanistan, but a much more significant conflagration† (p. 7). This paper seeks to understand the Korean War. This can be done by looking at a brief historical background before the war and the events that added fuel to the tension between two Korean governments. Since the Korean War like many conflicts is so complicated this study focuses on tactics and logistics, and less on the historical figures that played a major role in this important period not only for Koreans but for Asians in particular and the world in general. Historical Background The Korean War was sometimes called the â€Å"Forgotten War† and this may be so because like Vietnam there are only a few people who understand its significance. Yet an â€Å"†¦outpouring of books, articles and film in the last decade as well as an impressive memorial on Washington, DC’s Mal (and the realization that) †¦it would be practically impossible to understand the Cold War†¦Ã¢â‚¬  have created a revival of interest on this subject (Sandler, p. 1).  The conflict in this area of the world does not surprise the experts and the grizzled veterans of war. In fact the professional soldier can easily read the undercurrent of history and be able to predict what will happen in the struggle for power and supremacy. This was eerily demonstrated by a seemingly prophetic Commodore Matthew Perry when he spoke these words in the year 1856, a century before the Korean War: The people of America will, in some form or other, extend their dominion and their power [†¦] upon the eastern shores of Asia. And I think too, that eastward and southward will her great Russian rival [†¦] The antagonistic exponents of freedom and absolutism must thus meet at last, and then will be fought that mighty battle on which the world will look with breathless interest; for on its issue will depend the freedom or the slavery of the world (as cited in Huston, p. 200). It boggles the mind of the average person when analyzing as to how Commodore Perry was able to ascertain his claims. What is more amazing is the accuracy of his predictions. It is like looking in a crystal ball and seeing very clearly what will happen. And indeed what Perry prophesied came to pass. Russia became a superpower and just like what the Commodore had said, the Russian government exerted tremendous influence over China. And of course his final statement about the necessity of a crucial war that will showcase the fight for freedom as opposed to absolutism was also played out just as he predicted. This can only mean that even before the first bullet crossed the 38th parallel, there are already forces at work even as far back as the late 19th century. Perry was able to read the signs and the saw the root cause of conflicts in this part of Asia. Yet it was only in the 1950s when the seed planted by those who wanted to control this region grew and blossomed into a passion that could only be satisfied with conquest. Blindsided Commodore Perry was praised here because of his foresight, a very important talent that a general should possess. If only the leaders of the free world in the 1950s were as gifted, then things would have turned out differently. But as fate would have it, from the U.S. and UN side was able anticipate what is going to happen. Either they were blindsided by the Communists or they were preoccupied by their paranoia. And that paranoia is brought about by the fear of being overrun by a westward move by the Union Soviet Socialist Republic. Stanley Sandler remarked on this and he wrote: A Soviet thrust into Western Europe seemed a far more threatening contingency than a possible dust-up between two unattractive regimes in a bleak former Japanese colony that most Americans could not find on a map. But Americans [†¦] would become acquainted with Korea in a war that would turn out be the third bloodiest in their history [†¦] and which for Koreans themselves would prove the greatest catastrophe in their national history (p. 2). First Blood It depends which side is asked. For the U.S. and UN Command, it was the North Koreans who drew first blood and attacked without warning nor any form of declaration of war. It seems that history is repeating itself once again for Americans just like in Pearl Harbor. But according to the communist-backed regime they were just retaliating from what the South has been doing for the past several months. The truth of the matter is that both sides were engaged in skirmishes that were serious prelude to war. Sandler asserts that it was an, â€Å"†¦armed conflict between the Democratic People’s Republic of North Korea and the Republic of South Korea, which had been conducting mutual border raids for more than a year† (p. 2).  At any rate the U.S. led forces were caught by surprise that fateful day of June 25, 1950. Even if they will deny it, it is now clear that the North were prepared to launch an attack and the offensive move was purely intentional. Buildup Kim Il Sung the de facto leader of the newly established North Korean Regime began to make plans to invade South Korea. This plan was of course made in secret but nevertheless in close coordination with Russia’s Stalin and China’s Mao Tse-tung. According to Allan Millett the origin of this plan can be traced back to a change in the policy of Kim Il Sung’s benefactor to communize the whole Korean Peninsula (p. 102). It seems that Russia is no longer contented with being kept in check by a ridiculous 38th parallel and would like very much to gobble the whole Korean Peninsula. â€Å"The Soviets, however, came to realize that the goal of communizing the entire peninsula could not be achieved through such limited tactics, and decided to resort to more violent means† (Millet, p. 102). In December of 1948 the Soviets made the first tactical move to befuddle the U.S. by withdrawing their troops unilaterally out of North Korea. Then the Russian government turned around and invited the top brass of North Korea and China’s military for a buildup. Millet bared that the troika agreed to â€Å"†¦build up the strength of the North Korea People’s Army (NKPA), around 6 shock divisions, 8 combat and 8 reserve divisions, and 2 armored divisions and to complete the war preparations within 18 months (i.e., by June 1950)† (p. 103). The NKPA was able to do all of these like clockwork revealing a tremendous level of preparedness and dangerous intent. Level of Preparedness While the NKPA was psychologically and physically prepared to engage in battle the ROK (Republic of Korea) army though prepared for future skirmishes and for another round of border raids was not truly ready for a full scale war. The South was not ready to face an enemy dead set in gobbling them up and desiring to unite the whole peninsula once again. It took at least five days after the initial offensive of NKPA for the U.S. to make a coherent response. â€Å"On June 30, US President Harry S. Truman authorized US ground forces to stop the North Korean attack† (Boose, p. 4). This led to losses in the early rounds of the fighting and led Boose to comment, â€Å"It was able to do little to delay the KPA, but additional forces were on the way† (p. 4). Aside from differing interests and the reasonably defective intelligence from the Western nations – or they would have known of an imminent attack – there is the psychological reason for being unprepared. Sandler made a comment why it was unlikely for the Korean Peninsula to be plunged into such a bloody conflict. And he wrote: In looking back (before World War II) †¦ it would be difficult to imagine a more homogeneous and united nation than Korea. [†¦] they are of the same culture with minor north-south variations throughout the peninsula, and the Korean language – Hangul – is universal. Korean cultural homogeneity can be illustrated in its place name, a source of confusion for non-Korean UN personnel throughout the war: Inchon/Ichon, Masan/Musan, Paengnyong/Pyongyan/Pyonggang Pyongchang, Taejon/Taechon, Pukchong/Pukchang†¦(p. 3). That and the eighteen month head start is creating a great advantage for the NKPA. In the end this advantage would create a stalemate and would result in the present division of Korea and the unexpected survival of this communist state even though its patron the great USSR had long been dismantled. NKPA Preparedness The North Korean and the communist forces were not only decisive and aggressive they were able to create a force enough to challenge U.S. and UN supremacy in the South. The book, â€Å"Communist Logistics in the Korean War† by Charles Shrader is an excellent source in getting an in-depth look at what happened on the other side. Too many times the victors or the presumed victors in the case of the Korean War are all too willing to gloss over their mistakes and hype their successes. The focal point of this book is the refutation of the myths perpetuated by the Americans and UN forces that were then passed on to people back home and unfortunately was taken in as gospel truth. Shrader asserts and this is quite a revelation: One of the more persistent myths of the Korean War is that North Korean and Chinese communist solders were able to subsist on a mere handful of rice per day obtained all their arms and ammunition from their enemies, and moved all supplies by animal cart or human porters. Although supply requirements of NKPA and CCF in Korea were amazingly low when compared to the requirements for equivalent UNC units, the Communist forces did generate substantial requirements for formal supply and transport forward of tremendous quantities of food, petroleum products, weapons, and ammunition (p. 89). The U.S. and UN led coalition were more technically advanced but this is not the most important thing in any given war. It is the level of preparedness that is important. That level of preparedness can only be gauged in relation to the environment where a battle will be waged. Let’s say for example that forces are slugging it out in a heavy-forested area with a very steep incline. No matter how sophisticated the military jeeps are, this kind of technology will be rendered effective. In another example where the passageway in a body of water is narrow and shallow no matter how technologically advanced the frigates are it would be foolish to attack using this route since one sunken vessel can immobilize the whole fleet. In other words tactics and logistics are the most important aspects to consider and not just technology. This is the bone of contention in Shrader’s books – the South Korean forces was wrong in thinking that they were technically superior. This led Shrader to remark that:  NKPA-CCF logistical doctrines and methods were characterized by flexibility and innovation, which allowed them to compensate for comparative lack of material resources and modern technology [†¦] NKPA and CCF logistical organizations were equally flexible and often exhibited great variation in form, strength, and equipment of the assigned service units (p. 25). What contributed well to the high level of preparedness by the NKPA – aside from the Soviet support of course – is the broad range of natural resources present in North Korea. This includes water, power, timber, rare strategic materials e.g. tungsten, zinc, graphite reserves, substantial iron ore deposits, copper, lead, cobalt, asbestos, molybdenum, nickel, gold and silver (Shrader, p. 60). This resulted to an almost miraculous surge in North Korea’s war time production of needed materiel that surpassed pre-1945 levels: 1) 166,000 tons of pig iron; 2) 144,000 tons of steel ingot; and 3) 116,000 tons of finished steel (Shrader, p. 61). Summing it all up the major source of military materiel came via USSR which supplied the NKPA with aircraft, tanks, vehicles, communications equipment, heavy artillery, and ammunition. In addition to that, a portion of their needs were supplied by third country suppliers (Shrader, p. 60).  Thus when the communist forces launched the initial attack in June of 1950 their combined forces produced the following massive force in the eve of the attack:  Ã¢â‚¬ ¦135,000 men in two corps comprising eight full-strength infantry divisions, two half-strength infantry divisions, an armored brigade, an independent infantry regiment, a motorcycle reconnaissance regiment, and five brigades of the Bo An Dae, or Border Constabulary (Shrader, p. 90). What is more amazing is the development of the NKPA forces after the 1950s. After suffering setbacks from the retaliatory attacks of the UN command, the NKPA in the middle of 1951 the â€Å"rebuild NKPA included 213,600 men in twenty-three infantry divisions, one mechanized division, one armored division, and two independent infantry brigades controlled by seven corps headquarters. NKPA strength peaked in October 1952 at around 266,000 men in eighteen divisions and six independent brigades† (Shrader, p. 90). If this was not enough to give the South Koreans and its allies a full plate, the Chinese and the Soviets entered the fray in the guise of helping a beleaguered brother-in-arms. The forces supplied by the People’s Republic of China was more than enough to bring this regional level conflict into World War scale. The following data proves the serious intent of the communist bloc: By late November 1950 some 300,000 Chines Communist troops were in Korea: 180,000 in the six armies (eighteen divisions) of the XIIIth Army Group [†¦] 120,000 in the three armies (twelve divisions) of the IXth Army Group [†¦] on 1 July 1952, fify-one CCF divisions with some 540, 200 men manned the line across Korea from the west coast to the central Taebaek Range and were supported by about 10,000 Soviet and Soviet-bloc advisors and technicians (Shrader, p.90).  This is the extent of the level of North Korea’s preparedness and a sample of their resolve to win this war. ROK Preparedness Stanley Sandler in a few words was able to encapsulate the true state of South Korea’s forces before the attack by saying that June 25, 1950 was a Sunday and that fully one-half of the ROK Army was on leave (p. 48).  In the initial stage of the attack which was not at all done quietly and with any subtlety: heavy bombardment, followed by a blitzkrieg attack of some 150 Soviet-built T-34-85, 110 warplanes and a crossing of the 38th Parallel by a rampaging Korean People’s Army. Still there was an awfully delayed reaction to the events at hand. Sandler explained the reason for such a weak response due to the aforementioned soldiers who were on leave, the high number of civilian leaders who were out of the country and the mistaken notion that what just occurred was another border raid.  With regards to the presence of U.S. troops, Gordon Rottman lamented that fact that it was such in great shape a mere five years before the conflict and would have come handy in a time like this. But Rottman revealed that the U.S. government intentionally reduced its military strength not only in Korea but also in the Far East. Rottman comments on the closest source for help which are the forces stationed in Japan and he wrote: Tank companies stationed in Japan had only M24 light tanks as Japanese roads and bridges could not support heavier M4A3 and M26 tanks. M24s were no match for North Korean T-34s, one of the best tanks to appear in World War II. The divisions in Japan also lacked their reconnaissance, military police, and replacement companies [†¦] These divisions consisted of 12,500 to 13,600 troops rather than the full-strength 18,804 (p. 3). At first glance, South Korea does not stand a chance against the forces of Communism. Ironically, the same benefactor who gave NKPA a tactical and logistical advantage (USSR) became the source of their demise. Sensing that the North/South conflict is just a prelude for something bigger Russia’s enemies were banded together for a common cause, which is to prevent the USSR and Communism from expanding worldwide. This resulted in a pledge of commitment to provide support in a scale reminiscent of Word War II. When the NKPA was not able to achieve total victory, this gave the U.S. and UN led coalition to regroup and pose a decent defense of South Korea. Rottman expounded on this idea by saying that: The Korean War was to be the UN’s first commitment of armed forces to conduct and end a war [†¦] the UN called on all member nations to support the military effort in Korea. Fifty-three countries approved of armed action against North Korea: 15 committed ground combat forces, nine provided naval forces, six sent air force elements, and five contributed medical support, either military or civilian (p. 117). Bright Spot In general there is nothing that U.S. armed forces could be proud of in the Korean War. There was really no clear victor, no territory was gained and as mentioned earlier it was the third bloodiest in the history of war where casualties are at a significant high.  The only good thing that could be seen or learned from this incident is the demonstration of what bravery and commitment can do to an organization. Here one can also see the difference between a regular soldier in the U.S. Army as opposed to the brave and the few of the U.S. Marine Corp. Hugh Deane quoted Andrew Greer when describing the essence of being a marine, â€Å"In any small unit battle the outstanding behavior of a few men is always discernible over the others [†¦] The scale is tipped by a few – by the ten percent – who rise to the heights where the enemy and death can be met without a hesitant step† (p. 97). British historian Max Hastings remarked, â€Å"Most of the Eight Army fell apart as a fighting force in a fashion resembling the collapse of the French in 1940, the British in Singapore in 1942. But he reported the praiseworthy strong resistance of the U.S. Marines in the northeast† (as cited in Deane, p. 111). A particular example was raised by Deane when he commented on the enemy’s attack tactics that looked like suicide attempts characterized by sending small units that more often than not gets wiped out. This is followed by wave after wave of such small unit attacks against a selected point until a breakthrough is achieved and here comes the main force. This was effective in demoralizing troops. But according to Deane this would not work against the marines. â€Å"†¦but against the marines in the Northeast the results were often frustrating. The marines constructed strongly fortified outposts in the hilly-forested Chosin area and defended them fiercely with a good deal of success (p. 129). Conclusion Almost all wars are considered a waste of time, money, effort and lives of men. The Korean War was no exception. Considering the following statistics makes one shake hid head over the folly of war:  The North Korean armed forces lost approximately 600,000 men in the fighting, in addition to two million civilian casualties. The Chinese [†¦] an estimated 1 million casualties. Losses to the ROK are estimated at 70,000 killed, 150,000 wounded and 80,000 captured. One million South Korean civilians were killed or injured. The USA lost 33,600 men kiled nad 103,200 wounded (Malkasian, p. 88). What adds insult to injury is the futility of not having a clear victor, no territories were gained and nothing significant was achieved except perhaps for a few lessons in the book of tactics. The level of preparedness of both camps explained the reason for the stalemate. The South Korea side was backed up by a technologically superior U.S. and UN led coalition but it was not mentally prepared to wage this war. Almost every action done on the part of South Korea was mostly reactionary and defensive. Most importantly, the United States was treading on thin ice since a miscalculation and overkill can easily escalate the regional conflict into a global war. With the Second World War fresh from people’s minds there is no incentive to go full force. Although the NKPA was well prepared and very much flexible in their serious bid to unite the Korean Peninsula it does not have the technological edge to overpower the U.S. and UN forces. On a more important note, the attack on South Korea was a supposed to be a defensive act. Therefor the USSR could not be seen as fully involved and thus it can only work from the background.  That sums up the futility of this exercise but nevertheless it is a good prelude to understand the Cold War and the other similar conflicts that came after it like Vietnam and Afghanistan. References Deane, H. (1999). The Korean War. San Francisco, CA: China Books and Periodicals, Inc. Huston, J. A. (1988). Outposts and Allies: U.S. Army Logistics in the Cold War. New Jersey: Associated University Press. Malkasian, C. (2001). The Korean War. University Park, IL.: Osprey Publishing. Shrader, C. (1995). Communist Logistics in the Korean War. Westport, CT: Greenwood Press. Millet, A. R. (1997). The Korean War. Seoul: Korea Institute of Military History. Sandler, S. (1999). The Korean War: No Victors, No Vanquished. Kentucky: University of Kentucky Press. Rottman, G. (2002). Korean War Order of Battle. Westport, CT: Praeger Publishers.            

Kant and Utiliarianism on Sweatshops Essay - 1462 Words

By definition a sweatshop is a â€Å"negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for very low pay in horrible conditions, regardless of laws mandating overtime pay and or minimum wage†. Many corporations in the United States use sweatshop labor in countries over seas such as China to produce their products at a lower cost. As entailed in the letter from a man born in China, many citizens on these countries resort to factory labor to support themselves to escape other sources on income such as prostitution. Without these corporations usage of oversea sweatshops these employees would be forced to return to self-demeaning jobs such as these.†¦show more content†¦Kant provides a more specific explanation of this imperative and states; â€Å"Act so that you use humanity, as much as in your own person as in the person of every other, always at the same time and never mer ely as a means† (Audi, 17). Kantian ethics argues that each person should be treated as valuable and should never be used simply to satisfy the needs of others. Kant would not believe that the ability for sweatshop workers to avoid other â€Å"jobs† to receive income is a morally justifiably excuse for oversea factories to exploit workers. Forcing sweatshop employees to work long, exhausting, dangerous shifts for low wages is not treating them as valuable. â€Å"Treating people as ends clearly requires caring about their good. They matter as persons and we must at times and to some extent act for their sake, whether or not we benefit from it† (Audi, 17). If a company could raise sweatshop wages, therefore increasing the standard of living for these workers and only experience a 3% profit decrease, they should do it. U.S corporations that use sweatshops across seas are providing employment for poor citizens, however Kant would argue that these people are being us ed and â€Å"We are never to use people- including low-level, readily replaceable employees† (Audi, 17). Kant would see the positive implications sweatshops provide, but he would argue that these corporations need to demonstrate theyShow MoreRelatedKant and Utiliarianism on Sweatshops1475 Words   |  6 PagesBy definition a sweatshop is a â€Å"negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for very low pay in horrible conditions, regardless of laws mandating overtime pay and or minimum wage†. Many corporations in the United States use sweatshop labor in countries over seas such as China to produce their products at a lower cost. As entailed in the letter from a man born in China, many citizens on these countries