Contract law Essay Example | Topics and Well Written Essays - 2000 words - 4

Contract law - Essay Example The Law reform Commission, in its Consultation Paper titled â€Å"Privity of Contract: Third Party Rights† launched on 14 November 2006, has recommended that the rules of privity be amended such that where the parties to a contract clearly intend a third party to benefit, then that party be allowed to sue if terms are not carried out.2 Moreover, the existing exceptions to the Rule of Privity are also to be preserved. However, in view of the numerous exceptions and exclusions that exist to the Doctrine of Privity of Contract, the question that arises is whether these reforms are really necessary? As stated by Trietel, â€Å"the many exceptions to the Doctrine [of Privity] make it tolerable in practice but they have provoked the question whether it would not be better further to modify the doctrine or to abolish it altogether.†3 For example, one of the exceptions that exist is the provision for collateral contracts, where one of the parties to the original contract may have a collateral contract with a third party that relates to the same subject matter of the original contract. In the case of Shanklin Pier v Detel Products4 the Plaintiffs had a contract with some contractors. However these contractors recommended that the plaintiffs purchase paint from the defendants, which was guaranteed to last seven years. When it lasted for only three months, the plaintiffs sued and the Court held that despite the existing contract with the Contractors, plaintiffs could sue defendants under the collateral contract arrangement which existed, thereby allowing for action against a third party. Collateral contracts also provided the means for a third party to circumvent the doctrine of Privity in the case of Andrews v Hopkinson.5In this case the Plaintiff bought a car from a defendant who assured him that it was in good condition. The Plaintiff bought the car on a hire purchase arrangement and had it financed through a finance Company and

Social Consequences of Inequality

Social Consequences of Inequality Inequality is a feature of my country, (the UK), however, it is of little social consequence. Discuss. Introduction Inequality in society means that some people are at a disadvantage compared to others. In the UK inequalities are featured in a number of different contexts. Women for example are socially disadvantaged in comparison to men and ethnic minorities are often disadvantaged in comparison to the dominant white community because they may not have the same opportunities. There are also class inequalities in Britain where those from a working class background are often disadvantaged compared to people from a middle-class background (Giddens, 2001). This assignment will discuss the statement that inequality is a feature of the UK and assess the view that it is of little social consequence, this will be done with reference to class and gender inequalities in health. Class Inequalities Those who belong to the higher capitalist classes and to the middle classes tend to be better educated than people from a working class background. This often means that the higher classes have greater material resources than those from a lower class. Having more money means that people also have greater access to other resources. They tend to fare better when it comes to education and to health because they live in better areas which tend to have less crowded and better performing schools (Giddens, 2001). The working classes tend to have more stressful, or more physically demanding jobs that pay less money than, for example, teaching or being the manager of a successful business. This means that they often cannot afford the same kind of diet as those who earn more money and live in a better area. This puts them at a disadvantage in terms of how healthy they are and how long they might expect to live (Walsh et al, 2000). Such inequalities do not simply occur as a result of class ineq ualities but in areas where people do not have the same equality of opportunity. Since the late nineteen sixties feminists such as Walby (1990) have pointed to the fact that in a capitalist society women do not have the same access to material or other social resources and that this is due to the gender inequalities which exist in a patriarchal society. Gender Inequalities Britain is a patriarchal society. In patriarchal societies women are seen as the subordinate sex. Patriarchy is bound up with traditional notions of the family where the father was seen as the head of the family unit. This, feminists say, can be seen in all the structures of patriarchal societies where laws and social structures operate in such a way as to benefit men at the expense of women (Walby, 1990). Since the nineteenth century the traditional family has been one where the man goes to work and the woman stays at home and looks after the house and any children in the family. Walby (1990) argues that this arrangement made women invisible and their labour in the home, which allowed men to have a public life, has not been taken into account. With the rise of feminism and the struggle for equal opportunities for women the situation has changed somewhat and many women now work outside the home. Work does not readjust the gender imbalances that exist in British society because in mos t jobs women still earn less than men. Walby (1990) has argued that gender is a primary category when it comes to inequaltity and the oppression of women. State policies may no longer aim to keep women in the home but have done little to alleviate the inequalities between women and men in the public sphere. Certain occupations such as teaching, nursing, shop or clerical work are still regarded as women’s work. Although women may now be involved in the public sphere and can be found in the labour market in increasing numbers, Walby states that they still remain segregated from wealth, power and status. Doyal (1995) has said that research shows that while paid work brings benefits to a family it can also bring extra stresses and responsibilities. These may then affect women’s health. The increasing number of roles that women are called upon to play in contemporary society affects their emotional, mental and physical well being. Class, Gender, and Health For some time there has been concern over the fact that there appear to be inequalities in health provision and the ways in which this impacts on people’s lives. As a result of this sociologists look the body, or aspects of the body and the ways in which factors such as class, race and gender affect a person’s experience of health (Giddens, 2001).The Acheson Report (1998) pointed out that health inequalities are complex, certainly more than people had previously believed. Material deprivation alone is not the cause of inequalities in health, rather there are wider cultural and economic factors which interact with personal choices based on psychological and biological influences. Acheson recommended that a wider range of intervention and policy initiatives would be needed to address health inequalities. Many commentators believe that class inequalities in health have worsened over the last twenty five years with the introduction of market forces into healthcare i.e. oper ating the health system as though it were a business (Giddens, 2001). This particularly affects those people at the lower end of the class scale because facilities in poorer areas are often over stretched and therefore people may have to wait longer for the care they need. Women in Britain tend to use the health services a lot more than their male counterparts. This is explained in terms of women generally living longer than men, having more chronic illnesses and generally being the main care giver and child rearer in the family (Provincial Health Officer’s Report, 1995). Feminists such as Abbott and Wallace (1997) point out that what is often missed is that women will also visit the doctor on behalf of another family member. Feminists also point out that because there is no specific health care policy for women the processes of menstruation, childbirth and the menopause are over medicalised. Are These Inequalities of Social Consequence? Clearly there are class and gender inequalities which are endemic to society in the United Kingdom and this results in inequalities in other areas of social life such as health. It might be argued that these inequalities do have social consequences. Class inequalities in health for example can result in working class members of society suffering from greater ill health and dying prematurely. The results of this could mean a shortage of workers in jobs that are not usually held by people from other classes it could also mean that the working class are more of a burden on the health system than their middle class counterparts. These things could have much wider social consequences, a shortage of services, in the construction industry for example, and a shortage of hospital beds in some areas. Similarly gender inequalities could also have wider social consequences. If women do not have sufficient access to health services then they may not be healthy enough to take care of other members of the family. Conclusion Clearly there are inequalities in this country and it would certainly appear that these inequalities may not seem to be of great social consequence but if they are left to carry on unaddressed could have wider ramifications. The introduction of the Community Care Act in 1990 for example relies on family members to take care of those people who may not be able to look after themselves as a result of mental health problems, or simply due to age. Members of the upper and middle classes may well have the resources to pay for care but working class people do not. If health inequalities are not addressed then there may be no-one who is fit enough to look after those people who are unable to look after themselves. This could have serious consequences for the health system, the benefits system, and Government policy making in general. 1250 words Bibliography Abbott and Wallace, 1997 An Introduction to Sociology: Feminist Perspectives. London, Routledge Acheson, D. 1998. Independent Inquiry into Inequalities in Health Report London, HMSO Doyal, L. 1995 What Makes Women Sick London, Macmillan Giddens, A. 2001 4th ed. Sociology, Cambridge, Polity Press www.polity.co.uk/giddens Pollert, A. 1996. â€Å"Gender and class revisited or the poverty of patriarchy† Sociology vol. 30 no. 4 Provincial Health Of. cer’s Annual Report (1995). Report on the Health of British Columbia. BC Ministry of Health and Ministry Responsible for Seniors. Townsend, P. Davidson, N. and Whitehead, M. (eds) 1988. Inequalities in Health, the Black Report and the Health Divide Harmondsworth, Penguin Turner, B. 1987.Medical Power and Social Knowledge. London, Sage. Walby,S. 1990. Theorising Patriarchy. Blackwell, Oxford. Walsh, M. Stephens, P. and Moore, S. 2000 Social Policy and Welfare. Cheltenham,

Intrapersonal Intern :: essays papers

Intrapersonal Intern In using my Intrapersonal communication I trying to process the information from the environment and sending explanations to myself. The first I can remember doing this a lot. I was watch the other members that work in the office very closely in how they talk to each other. What kind of verbal and non-verbal communication do they use. I do not think I was doing to be critical but to merely understand whom I am working with and get some kind of feeling where I will fit in. One interesting message that I picked up was small but something to remember. There are two different offices for the outdoor recreation program. Jared has one and Crissy has the other one. Walking into Crissy office everything is in place ver net and clean. You’re able to see everything easily. When you go into Jared office you got a disaster. Boxes of Tennis stuff all over the office. In the other corner you have outdoor magazines all over the floor and side desk. His desk is filled with paper work after paper work. On the other sided of the office you have the work-study desk and that is neat and cleaned off. Sometimes I wonder if it is a man woman thing that the desks are clean or disorder. See how Jared now works with four women in the offices. I do not think that it is true because I have some friends who are woman and their desks are dirtier than Jared’s is. The good thing that I have noticed about Jared thought is that his may look disorder but he know where everything is. If I would have asked the girls for something on their desk they could not have found it very quickly. I always see Jared and Crissy outside of the office and they always speak to me and ask me how I am doing. When they send me e-mails they are always friendly and telling me to have ‘good’ or ‘great’ weekends. So I do see that they are trying to make it as comfortable as they can or know how. They always tell me that education comes’ first so if I had a big exam or something like then I could work on that during my hour if I need to.

Foreign Nations Intervention in Civil Wars Essay

The events in history had seen many civil wars that took place in various parts of the world. Civil wars are defined as â€Å"violent conflict between organized groups within a country† (Fearon, 2006). Being the case, it is questionable as to why foreign nations intervened with such kind of domestic affairs. The intervention of foreign nations entails a specific reason or agenda in their part, which is the main cause as to why they participate in the civil wars of other countries. Foreign nations intervention in civil wars are notably observable in three events in the past namely the civil wars in Korea in the 1950s, Vietnam Civil war in the 1960s, and the Afghanistan Civil War in the 1980s. Civil War The meaning of civil war explains that it should only involved the citizens of a particular nation. The conflicting groups that are existing within the country could be two or more militant groups fighting with each other. The source of disagreement could also come from the political tension among the existing government and some civilian groups that does not agree with how the government runs things and implement policies. James D. Fearon (2006) supported this definition of civil war when he argued that civil war pertains to violent conflicts among organized groups found within a country. The reasons behind such disagreement could be attributed to the struggle over the position of power in the government, one group’s separatist objectives, or a particular policy implemented by the government that caused friction and division among its citizens. An armed combat would only be considered as a civil war when there are 1,000 dead that also leads to a high amount of rural insurgencies although not intensely violent or disturbing. Furthermore, Fearon emphasized that political goals is the primary characteristic of a civil war, if ever there are other motives such as vengeance or hatred then it could not be considered as such. 1950s Civil Wars in Korea The Korean civil war could be attributed to the different the ideological beliefs between North and South Korea. North Korea adheres to communism while on the other hand South Korea believes in democracy. Due to this difference, the division of Korea took place that separated them between the communist North and the democratic South. Korea used to be owned by Japan but it has been separated into occupational zones after the event of the World War II. The United States of America accepted the defeat and act of surrender by the Japanese in Southern Korea. Similarly, the forces of the Soviet Union also did the same act in the northern part of Korea. What seems to be a temporary division becomes permanent when the Soviet Union aided in establishing a communist rule in North Korea while the United States make sure that they supported the South Korea through financial and military aid (â€Å"Korean War†, n. d. ). On 25 June 1950, North Korea invaded South Korea through a surprised attacked that caught the South Korean army as well as a small number of U. S. forces off guard that makes their invasion of the capital city of Seoul easier. Just a couple of days after this invasion the United States of America push for a UN resolution that would give military aid to South Korea. In line with this, President Harry Truman through this resolution worked under the United Nations â€Å"police actions† towards the North Korean invaders (â€Å"Korean War†, n. d. ). The influence of the United States had reversed the situation, the South Korean forces together with the U. S. forces attacked North Korea. Nevertheless, this decision of invasion stimulated other parties to intervene. In the late 1950, the forces of the communist China also made their presence felt in the war, which resulted in a violent and bloody armed combat (â€Å"Korean War†, n. d. ). According to the Naval Historical Center (2001), this violent dispute lasted for more than three years. Eventually, the war ended in 1953 when the United States and North Korea end the war by signing a cease-fire agreement. However, this agreement continued to divide North and South Korea at almost the same geographical portion. The participation of foreign countries like the United States of America and China symbolizes the vested interests of these two nations. One of the important things that have to be considered in this situation is the fact that the cold war is already being felt during this time. The competition between the concept of democracy that is led by the U. S. and the idea of communism through the leadership of the Soviet bloc is observed through this civil war in Korea. The United States supported South Korea because they deem that not doing so would result for the north to annex them into their communist ideology. In the same manner, the Soviet Union gives aid to North Korea because of they did not want this territory to be under the U. S. influence. Even other communist countries like China also intervened in the situation in order to support North Korea. This assertion is proven when the Korean War was considered as the start of the hot, violent, and expensive cold war (Naval Historical Center, 2001). The reported casualties in this civil war amounted to the death of 55,000 American troops. This war was deemed as a â€Å"limited war† because of the goal of the United States to merely protect South Korea from being invaded by the communist North. The U. S. had no intention of defeating the enemy and in this case the villains are North Korea together with the other countries that support communism (â€Å"Korean War†, n. d. ). 1960s Vietnam War The Vietnam War is also another example of a civil war wherein the intervention of foreign countries has been observable. This war also exemplified how conflicts within a country was aggravated due to the interests of others. In line with this, this civil war also exemplified how the Cold War is taking place during that time. The origins of the Vietnam War took place in 1954 when the Vietnamese Nationalist and the Vietminh army that was led by communists defeated the French at Dienbienphu. The French were forced to established North Vietnam as a communist while leaving South Vietnam as non-communist. However, this did not sit well with the United States of America especially after President Harry Truman supported France in maintaining its Indochina colony, which composed of Laos, Cambodia, and Vietnam through economic and military aid. The U. S. government led by President Dwight D. Eisenhower decided to established a nation as well as a political machinery in South Vietnam. He created a government that replaced the French and also deployed military advisers in order to train the army of South Vietnam. Furthermore, the U. S. also instructed its Central Intelligence Agency to apply psychological warfare towards North Vietnam (Rotter, 1999). The administration of President Lyndon B. Johnson had fully committed the country into war when the Congress allowed the Tonkin Golf Resolution, which paved the way for the continuous air bombing of the U. S. to South Vietnam. This action confirmed that the United States was indeed at war (Rotter, 1999). The succeeding president, Richard Nixon, implemented the idea of Vietnamization wherein he ordered the withdrawal of American troops that gave South Vietnam a greater role in the battle for this civil war. However, he made the effort to weaken North Vietnam by deploying American forces in Cambodia to demolish the supply bases (Digital History, n. d. ). During 1968 to 1973, diplomacy was utilized in attempts of ending the war. In January 1973, an agreement were made that resulted for the U. S. withdrawal in Vietnam and the released of U. S. prisoners. Eventually, in April 1975 Vietnam was united as one country when South Vietnam surrendered to the North (Digital History, n. d. ). The intervention of the United States in the Vietnam War is an effort to combat the driving force of communism in the world, which is the North Vietnam’s government led by Ho Chi Minh. For the Americans, the enemy is communism because this ideology defy everything the U. S. upholds. The idea of freedom, human rights, free trade, and most especially the concept of democracy are violated by communism. This effort to combat communism is clearly seen when President John F. Kennedy supported the counterinsurgency war wherein he sent 400 Green Beret soldiers in order to trained the South Vietnamese how to fight and eventually combat the communist guerrillas of North Vietnam (Rotter, 1999). Furthermore, Rotter (1999) also argued that the United States believes in the domino theory wherein if ever a particular country in a region would adhere to communism then other nations would also follow suit just like a falling domino. This is the exact idea the U. S. wanted to prevent, which is why they participated in the Vietnam War because they deem that if the whole Vietnam would follow communism then eventually the other countries in Southeast Asia would also do the same. In relation to this, another reason is the objective of the U. S. for other countries to follow the path of democracy and identify themselves as member of the free states. The U. S. efforts in doing so was seen when the U. S. gave economic and military aid to France in order to maintain its Indochina colonies. They also used the same idea of the domino theory that if countries would see the development of France and its colonies then eventually they would chose democracy instead of communism. 1980s Afghanistan Civil War The experienced of Afghanistan during its civil war in the 1980s is also similar to the events that took place in Korea and Vietnam. Foreign countries also intervened in this civil war. This involvement of other countries could be seen through the events of the war wherein their contribution to the armed combat also signifies their own interests in doing so. The Afghanistan civil war started when the People’s Democratic Party of Afghanistan (PDPA) assassinated the first president of the country, Muhammad Daoud. The succeeding government led by Muhammad Taraki a member of the PDPA implemented policies that are very communist in nature. The resistance in this kind of policy resulted in a bloody civil war. From the start, the Communist Soviet Union supported the PDPA through economic and military aid. The PDPA party was also experiencing conflict between two rival factions that are after the control of the government. Taraki was overthrown by Amin, which threatened the Soviet Union because this new leadership might pave the way for the Afghanistan to lean towards the United States. This is the reason why the Soviet Union invaded the country. Amin was executed by the Soviet forces and was later on replaced by an Afghan Communist government led by Babrak Karmal, which acted as a puppet administration. Other foreign countries like the United States, United Kingdom, Pakistan, Saudi Arabia and China supported the Afghan Mujahadeen or holy warriors who were against the government established by the Soviet Union. The intervention of other nations aggravated the conflict. Eventually, by 1988 the dragging armed combat as well as the tensions in the Soviet politics pressed Moscow to adhere to the Geneva Accords of 1988. This agreement entails the Soviet army to leave Afghanistan in February 1989 (Lee, 2007). The incidents that took place in the Afghanistan civil war clearly shows why foreign countries participated in this kind of war. Due to the own interests of the Soviet Union to prevent the increasing number of free states that would follow the idealism of the United States, they decided to invade Afghanistan. They assassinated Amin, who they suspected sided with the United States. In the same manner, the United States and other countries gave aid in terms of monetary as well as military equipment to the Afghan Mujahadeens to helped in their efforts of overthrowing the puppet government that was controlled by the Soviet Union as well as an effort to prevent the further spread of communism in Asia. The above mentioned civil wars only proves that foreign intervention took place in order to further the objectives and accomplished the goals of countries who involved themselves in this war. The United States of America and the Soviet Union are clear examples of countries that utilized the conflicts happening in other parts of the world to sustain their own interests. It is important to understand that these countries were the main actors who intervened because of the on-going Cold War happening between them during those times. Cold War was characterized by indirect aggression towards each other, which is clearly established by these two countries by simply supporting or aiding conflicting parties within a civil war. The main idea was for the United States to support parties that are against communism and for the Soviet Union to do the same by giving aid to those that are in favor of the communist idea and are against the free state the United States are fighting for. In all of these, it is proven that intervention indeed becomes a means to pursue and accomplished the vested interests and objectives of other countries. References __________. Learn About the Vietnam War. Retrieved June 28, 2008, from http://www. digitalhistory. uh. edu/modules/vietnam/index. cfm. __________. Korean War. Retrieved Jully 10, 2008, from http://www. asianinfo. org/asianinfo/korea/pro-korean_war. htm. Fearon, J. D. (April 2006). Civil War. Freeman Spogli Institute for International Studies. Retrieved June 28, 2008, from http://fsi. stanford. edu/news/ civil_war_definition_ transcends _ politics_ 20060410/. Lee, R. A. (2007). The Afghan Civil War. Retrieved June 28, 2008 from http://www. historyguy. com/afghan_civil_war. html. Naval Historical Center. (2001). The Korean War, June 1950 – July 1953. Retrieved June 28, 2008, from http://www. history. navy. mil/photos/events/kowar/kowar. htm. Rotter, A. J. (2001). The Causes of the Vietnam War. Retrieved June 28, 2008 from http://www. english. uiuc. edu/maps/vietnam/causes. htm.

Ooad Design Specifications

Restaurant All-in-one Management System (RAMs) Design Specification with UML by Leung Chun Kit and Leung Ting Fong 03011720 and 03011739 (Group 22) COMP 2221 Lecturer: Prof. Jiming Liu December 4, 2004 I. Table of Content I. Table of Content1 II. Graphical Notion Used2 Notation of Use Case Diagram2 Notation of Class Diagram2 Notation of Sequence Diagram3 1. Use Case Diagram4 1. 1. Use Case Diagram of End User Acting with the RAMsystem4 2. Class Diagram5 2. 1. Class Diagram of RAMsystem5 3. Sequence Diagram6 3. 1. Sequence Diagram of staff6 3. 2. Sequence Diagram of manager8 3. 3. Sequence Diagram of administrator9II. Graphical Notion Used Notation of Use Case Diagram [pic] Notation of Class Diagram [pic] Notation of Sequence Diagram [pic] 1. Use Case Diagram 1. Use Case Diagram of End User Acting with the RAMsystem Description: End users(administrator, manager, staff) can perform ordering, editing ,checking and management function insider the RAMsystem. End user can use food ordering function and food editing function only bill had been created by user. Only manager can manage the duty roaster. No one can edit the database or checks the password database execpt the administrator. [pic] 2. Class Diagram 1.Class Diagram of RAMsystem Description: All user and database of RAMsystem is created by the administrator. Administrator can modify any of the data in the RAMsystem. Staff and manager can create or edit bill but only manager can edit duty roaster. Bill has id, date and cost. Each bill has a unique id. User can be categorized into 3 types, administrator, manager and staff. All users have their own unique id and password. Both the administrator and the other user can change their own password. However, administrator can change the password everyone. [pic] 3. Sequence Diagram 1. Sequence Diagram of staff Description:Staff can only add order, create bill, check bill. As well as edit the bill that responsible by he/she and check duty. [pic][pic] [pic] [pic] 2. Sequ ence Diagram of manager Description: Manager can do all the function which the staff has the right to do if. Furthermore, manager can edit any of the bills but not only that responsible by he/she. Also, manager can also manage duty roaster and check all the data in the database except the database that store the password. [pic] [pic] 3. Sequence Diagram of administrator Description: Administrator can do all the function of the RAMsystem including modify all of the databases. [pic]