Sabmiller Sources of Finance

SABMiller should combine those 4 sources of finance: retained profit, issuing shares, bond, debenture and bank loans. Each source of finance has its own advantages and disadvantages: †¢ Retained profit: When SABMiller use retained profit, it do not have to pay any brokerage fees. Retained profit is also flexible and simple. The manager can use this source of finance for different purposes. Because retained profit belong to the whole company, not any individual so there is no dilution of control. Furthermore, ‘all profit from investment belong to shareholders’.However, using retained pro fit could decrease the possibility to pay and paying high dividends to shareholders. †¢ Bank loans: As a new company enters Vietnamese market, SABMiller needs a large sum of capital to bulid its offices, equipments, raw material and invest in potential projects to earn more profit for its first stage of development. Therefore, borrow money from banks is a very suitable source of finance because they can provide a large amount of money. But asking for a loan from banks is so risky. When the company borrow money from banks, it must pay enough interest on time and the interest rate may be very high.Before lending the firm money, banks would look at SABMiller’s characters, ability to pay back, purpose of the loan, the amount of the loan, the repayment terms of the loan and secutity. If the business did not pay back the interest on time, it is nearly impossible for it to borrow money again. †¢ Issuing shares: It could be a long term source of finance when SABMiller is listed in stock market. If the firm has nice reputation and work well, it will motivate more shareholders to buy the shares, so SABMiller could raise a large sum of capital.Moreover, when the company issues share, it is more difficult for SABMiller to lose ownership and have takeover risk. But as well as its advantages, issuing shares also has many limitations. If there is a reduction on in a shareholder’s percentage of controlling a company, the dilution of control will appear. The cost involved may be high, such as floatation cost, brokerage fees, underwritten fees, administrative fees, legal. Furthermore, issuing shares is so adventurous and risky because if the performance of the company go down, the price of shares will decrease, even it might be very low.The business can have backrupt trouble when the price of share go down too much. When SABMiller cannot repay the debt to creditors, it will lead to backruptcy. †¢ Issuing bonds and debentures: These sources of finance could be used in long term. The company could have a less expensive loan from its creditor. However, debenture stock have to compete with gilts to draft investors. And because debenture stock has higher risk, ‘company debentures must generally offer a higher rate of interest than the interest rate of gilts’. Unless the business pay their debt on time, it will lose its assets and money.

Deped’s Thrusts Essay

1. The ALS Accreditation & Equivalency Test formerly known as the Non-formal Education A&E Test is a paper and pencil test. The test is designed to measure the competencies of those who have not finished either the formal elementary or secondary education. Passers of this test are given a certificate/diploma certifying their competencies as comparable to graduates of the formal school system. Hence, they are qualified to enroll in high school (for elementary level passers) and to enroll in college (for secondary level passers). 2. Philippine Educational Placement Test (PEPT) is the principal instrument used in Accreditation and Equivalency Program (AEP) which was first established in 1977. The main objective is to retrieve out-of-school youths and place them in the formal school system, if they so desire, and to place over-aged in-school youth in the grade/year level corresponding to their ages. The PEPT tests the competencies gained through formal, informal and non-formal education which is equivalent tot hose developed in five subject areas – Communication Arts in English and Filipino, Science, Math and Social Studies – from first grade in the elementary school to fourth year in the secondary school. 3. Special Education is an educational program or service designed to meet the needs of children with special needs that cannot profit from general or regular education because of disabilities or exceptional disabilities. The ultimate goal of special education shall be the integration or mainstreaming of learners with special needs into the regular school system and eventually in the community. Special education also aims to develop the maximum potential of the child with special needs to enable him to become self-reliant and shall be geared towards providing him with the opportunities for a full and happy life. It gears up to the development and maximization of learning competencies, as well as the inculcation of values to make the learners with special needs a useful and effective member of society. 4. Every Filipino child now has access to Early Childhood Education through the universal Kindergarten. At 5 years old, children start schooling and are given the means to slowly adjust to formal education. Research shows that children who underwent Kindergarten have better completion rates than those who did not. Children who complete a standards-based Kindergarten program are better prepared, for primary education. Education for children in the early years lays the foundation for lifelong learning and for the total development of a child. In Kindergarten, pupils learn the alphabet, numbers, shapes, and colors through games, songs, and dances, in their Mother Tongue. 5. The Early Childhood Care and Development (ECCD) work focuses on supporting the children’s development through this vital period – ensuring they are physically healthy, cognitively stimulated, emotionally resilient and socially competent. ECCD program also strengthen children’s protective environment by supporting parents and pregnant women, as well as looking for wider contexts such as government policies and attitudes. 6. The Drop Out Reduction Program (DORP) aims to curb the high dropout rates in public schools by offering alternative modes of education for students at the risk of dropping out (SARDO). First implemented in 1998, the DORP is already perceived to have achieved some success, with a decrease in the dropout rate from 12. 51% in AY 2005-2006 to 7. 45% in AY 2007-2008. A â€Å"dropout† is defined by the DORP as a student who has stopped attending school before completing the prescribed level of education within the specified school year. The dropout rate, meanwhile, is the percentage of students who drop out from a level of education in a given school year, including those who complete the school year but fail to enroll in the next. In a school implementing the DORP, a DORP support team must be formed. They shall be tasked with organizing, designing and implementing the school’s DORP through setting the targets for the program and choosing the appropriate intervention methods in the context of the available school and community resources. 7. The Alternative Learning System is a free education program implemented by the Department of Education (DepEd) under the Bureau of Alternative Learning System which benefits those who cannot afford formal schooling and follows whatever is their available schedule. ALS aims to open more educational opportunities for Filipino citizens of different interests, capabilities of demographic characteristics, socioeconomic origins and status as well as addressing the needs of marginalized groups. The program cuts the time needed to finish high school, hence, significantly cuts the expenses as well. Aside from giving hope to the less fortunate, it also provides opportunities to Out-of-School Youths (OSY) and adults elementary and secondary school drop-outs; industry-based workers; housewives; maids; factory workers; drivers; members of cultural minorities; indigenous people and the disabled/physically challenged. 8. The Adopt-A-School Program is enacted in 1988 for the very purpose of providing a venue for the strong and dynamic private sector to participate in nation-building through investments in the education of Filipino children. The rewards of such investments come through an educated generation that will succeed ours, run our enterprises, and steer this nation to greater heights. Over the years, DepEd introduced interventions to reduce student dropouts and keep the youth off the streets. It has sought to increase student achievement levels and improve teacher performance. It continues to bring the issues and needs of public education to every Filipino who cares, in an effort to invite each and everyone to help boost education opportunities for our young. With Adopt-A-School, each Filipino can have the opportunity to enjoy his right to education, to open his eyes to the wonders and challenges of the world, to pursue his dreams, and to contribute capably towards the nation’s progress. 9. The Arabic Language and Islamic Values Education (ALIVE) is designed for the Muslim Migrants to be able to positively contribute to the peace efforts of our government in order to improve that quality of life of Muslim out-of-school youth and adults. It teaches the language of the Holy Qur’an and the beliefs and value system of the Muslim religion. It has components, namely, Basic Literacy Program + ALIVE, Accreditation & Equivalency (A&E) Program + ALIVE, Informal Education + ALIVE, Technical Vocational Education Program + ALIVE and Entrepreneurship Development +ALIVE. In the Philippines, the teaching of Islamic values and Arabic used to be done only in Islamic schools, however, DepEd ordered the mainstreaming of these lessons in the curriculum in some selected public elementary schools particularly those who have Muslim communities. The order mandated the teaching of Islamic values and Arabic language in public elementary school with at least 30 Muslim students. 10. Maintenance and Other Operating Expenses for schools are use to pay expenses for utilities like electric and water expenses. It can also be to pay salaries for janitorial and security services or use for other mandatory expenditures except for the procurement of textbooks and other instructional materials and school furniture and equipment. Other uses of MOOE include travelling expenses, communication services, repair and maintenance, transportation services and many others. 11. Brigada Eskwela is a nationwide voluntary effort which started in 2003, bringing together teachers, parents, and the community to do clean up and repairs in public schools to prepare the facilities for the June school opening. Undertaken in all public schools every third week of May or two weeks before classes begin, it is participated in by private organizations, individuals, national and local government agencies, local businesses, and international organizations and foundations, among others. Volunteers paint classrooms, repair furniture, and clean up the school grounds. Materials and supplies are usually donated by the parents or by private businesses and foundations. Brigada Eskwela encourages the public to share their time, strength and resources in kind. In 2012, Brigada Eskwela pooled more than P1. 5 billion-worth of resources-in-kind and man hours by over six-million volunteers in various parts of the country. 12. K to 12 aims to make basic education sufficient enough so that anyone who graduates can be gainfully employed locally and globally and will have a productive life. The K-12 Education plan is to add two years in the secondary level plus kindergarten and it will look at the specialized education in high school which will focus on a specific field of interest. If the K-12 Education Plan becomes successful, then the Philippine education system can become more competitive among other countries around the world. Though there are still some problems that the government needs to solve before they can successfully implement the plan. Such elements include the number of public school classrooms plus the adequate supply of classroom chairs, books, etc. If the government could allot a bigger budget to educational needs, then we could be one-step ahead towards the success of the K-12 program. Furthermore, parents (especially those who belong in the poor sector) should be properly informed and motivated of the advantages of the K-12 Education Plan. This is very important since parents play a major role in providing the child’s school allowances, supplies, and fees for other school projects and activities. Once this succeeds, it is best hoped that Filipino students would be more literate, skilled, and competitive to be able to find jobs more easily and contribute to the country’s pride as well as the country’s economy. 13. A Lingua Franca is a language systematically used to make communication possible between people not sharing a first language, in particular when it is a third language, distinct from both speakers’ first languages. Examples of lingua francas are numerous, and exist on every continent. The most obvious example is English, which is the current dominant lingua franca of international business, science, technology and aviation. There are many other lingua francas centralized on particular regions, such as Arabic, Chinese, French, Russian and Spanish. With the rich experiences and lessons learned in the implementation of the use of lingua franca or mother tongue as language of instruction, the DepED has expanded this in its multilingual education implemented in SY 2008-2009 until SY 2012-2013. The project is called Lingua Franca and Mother Tongue-Based Multilingual Education (MLE). Its main goal is to develop lifelong learners who are proficient in the use of their lingua franca or mother tongue (language 1), the national language (language 2) and other languages (language 3 and language 4) who take pride of their heritage and culture. This move helps to improve schools performance indicators specifically dropout, repetition, retention and completion rates among elementary pupils; increase pupils’ academic performance through the acquisition of oral fluency, reading and writing skills in their lingua franca or first language that provide them a bridge to learning Filipino and English enabling them to become more competent in all areas of study; and demonstrate self-confidence and pride in one’s culture, tradition and values. 14. The Mother Tongue-Based Multi-Lingual Education (MTB-MLE) has been implemented in all public schools, specifically in Kindergarten, Grades 1, 2, and 3, as part of the K to 12 Basic Education Program, starting the School Year 2012-2013 to support the goal of â€Å"Every Child-A Reader and A-Writer by Grade 1. † The MTB-MLE aims at language development which established a strong education for success in school and for lifelong learning and at cognitive development which focuses on Higher Order Thinking Skills. It also aims at academic development which prepares the learner to acquire mastery of competencies in each of the learning areas and at socio-cultural awareness which enhances the pride of the learner’s heritage, language, and culture. In the MTB-MLE implementation, the following eight major languages or Lingua Franca and four other languages will be cited as learning area and utilized as language of instruction for SY 2012-2013: Tagalog, Kapampangan, Pangasinense, Iloko, Bikol, Cebuano, Hiligaynon, Waray, Tausug, Maguindanaoan, Maranao, and Chavacano. 15. In anticipation of over two million students enrolling in the start of the school year, the Department of Education sees the Alternative Distance Learning Program as a way to decongest schools which will allow students to do their schoolwork without coming to school every day. Instead, the students will study at home and report to school for exams and group activities. DepEd created also the Internet-based Distance Education Program (iDEP) as an alternative way for students to complete their education in an attempt to reduce high school dropout rates in the country. iDEP offers formal secondary education to qualifying students using Internet-based technologies and classes are conducted and managed completely online. The program is seen to benefit many students, as well as those working in the entertainment industry, those with health and financial problems, and those in rehabilitation centers.

Thematic Unit Guidelines

†¢Have an attractive and informative â€Å"Title Page† and â€Å"Table of Contents†. Expectations for these and all other unit components are described below under â€Å"Thematic Unit Components†. Also, be sure to review the â€Å"Thematic Unit Assessment Rubric†. Do not use 3-ring binders or plastic sleeves please. †¢Integrate no more than three subject areas for which there are relevant content standards – one of these subject areas must involve mathematics or social studies education. Integrating both subject areas is preferable but not mandatory. Teach and assess a clearly defined theme or topic that will enable elementary students to meet their local school district curriculum standards or the Colorado Model Content Standards. Planning for Student Learning: Review your school district's curriculum standards or Colorado Model Content Standards and think about what you want your students to learn, know and be able to do as a result of this unit. Begin gathering student and teacher resources and start thinking about how you will teach and assess students' learning relative to the content standards you select. Ask yourself: †¢What do I need to learn myself in order to teach this unit well? †¢What kinds of resources will I need to teach this unit? †¢What types and genres of children’s literature are available? †¢Are there artifacts, simulations, songs, photographs, etc. I could use? †¢What human and material resources are available in my community? Thematic Unit Components Title Page and Table of Contents – The â€Å"Title Page† should feature the title of your unit, grade level(s), the semester you taught the unit, and your program – Elementary PTEP or Post Baccalaureate Licensure Program. Also include your name, your cooperating teacher’s name, and the name of the elementary school and school district in which you are student teaching. The â€Å"Table of Contents† should, at minimum, list each of the unit components described here under â€Å"Thematic Unit Components†. Assessment criteria for â€Å"Developing,† â€Å"Proficient,† and â€Å"Advanced† levels of performance for all unit components may be found on the â€Å"Thematic Unit Assessment Rubric†. Rationale Statement – Every Thematic Unit needs a convincing rationale. Rationale statements should be organized and presented in FOUR sections. Section 1: Introduction – Students and teachers need to know what will be learned as a result of participating in this unit. In this section, explain why your unit topic is an important one for young learners. Describe how students might use this knowledge â€Å"in the real world†. Section 2: Community, School, and Classroom Setting – Describe the community, school, and classroom where you are student teaching. Include information about the community, school, classroom setting, and characteristics of students that are important to consider when teaching this unit. For example, how many male / female students are in the class? How would you characterize students' socioeconomic status? Will you be teaching students with special needs or students whose primary language is not English? Do you have any particular concerns about classroom management? Describe the physical setup of your classroom (a diagram might be helpful). What kinds of technologies are available and will you use of any of them to teach and assess student learning? Knowing and acting on this background information will help you develop, modify, and differentiate instruction and assessment that accommodates the full range of diversity in your students. The goal here is to individualize the teaching and learning process by designing lessons that challenge all students at an appropriate level of difficulty. Section 3: Meeting the Colorado Model Content Standards – Curriculum standards describe what students should learn, know, and be able to do as a result of participating in your unit. In this section, list all of the school district or Colorado Model Content Standards your unit addresses. Under each content standard write lesson objectives that describe how or what students will do to meet that particular standard. Remember that if you list a content standard then you are obligated to teach and assess students' learning on that standard. Also, make sure that you are able to explain how particular lesson objectives enabled students to meet particular standards. You will need to address content standards three times in you unit. First, by listing them here in your rationale statement along with corresponding lesson objectives for each standard, a second time in each lesson plan or learning cycle, and a third time when writing your â€Å"evaluative essay† (which is described below). Here is a suggestion. Develop your lesson plans first, along with appropriate content standards and lesson objectives; next, write (cut and paste) the content standards and lesson objectives from lesson plans into your rationale statement. Finally, after you teach the unit, explain how students met the standards in your evaluative essay. Section 4: Assessing Student Learning – Describe how you will assess student learning relative to each content standard using preassessment, formative assessment, and summative assessment. A. For preassessment, describe the techniques you will use to find out what students already know or think they know about the unit topic. You will need to record and interpret preassessment scores for each individual student (using a pretest) as well as for the whole class (for example, using a KWL chart). Preassessment results are used to provide evidence of student learning gains at the end of the unit by comparing them with summative assessment results (using a posttest). Preassessment data can also be used to revise the unit before teaching it, for example, by changing some of the content or instructional strategies you use, to make more informed decisions about individualizing instruction, and to alter or modify how you will assess student learning. B. For formative assessment, describe the techniques you will use to facilitate students’ acquisition of knowledge and skills by providing constructive feedback that, at the same time, allows the teacher to keep track of students’ progress on a daily basis. This is the time when teachers are constantly â€Å"on their feet† monitoring the learning process, helping students learn new skills and knowledge, and making sure that they are â€Å"practicing perfectly† in order to apply new skills and knowledge effectively to real-world situations and make presentations to real audiences. C. For summative assessment, describe the techniques you will use to evaluate what students learned, in combination with preassessment and formative assessment results. All three forms of assessment should be designed to measure the knowledge, skills, and dispositions you claimed students would learn according to the standards. Remember that multiple assessments provide a much more complete and â€Å"fair† representation of what a student really knows and is able to do compared to any single or â€Å"one-shot† assessment. Be sure the three forms of assessments are aligned with the content standards and lesson objectives; in other words, be sure that you teach students to the standards and assess their learning in terms of the standards. Unit Goal – The unit goal should be derived from state and district curriculum standards; however, you should also be familiar with curriculum standards established by national professional organizations, for example, IRA (International Reading Association), NCTM (National Council of Teachers of Mathematics), NCSS (National Council for the Social Studies). The unit goal reflects the unit's curriculum standards but should be stated in your own words. For example, the unit goal for a unit on Colorado History might state: â€Å"Students will understand how our state has grown and changed over time. From the period of early exploration to the present day, I want my fourth graders to become familiar with specific contributions made to the development of Colorado by its rich diversity of people and natural resources. † Lesson Plans – Use the Learning Cycle format for writing lesson plans and develop enough instruction for one full week of integrated teaching and learning: plan on teaching the unit for approximately five hours. For each lesson specify how you will determine what students already know about your lesson's topic (preassessment), how you will monitor students’ progress in meeting content standards during the lesson (formative assessment), and how you will evaluate students’ work at the end of the lesson (summative assessment). Good assessment tells the teacher as much about the effectiveness of her or his own instruction as it does about what students learned and how they learned it. Keep this point in mind when writing your â€Å"evaluative† and â€Å"reflective† essays (described below). Possible Extension Activities – How can I help children extend, enrich, and elaborate upon the major understandings in this unit? What could students do to apply or â€Å"transfer† their learning to real-world problems and situations in ways that will make new knowledge more meaningful for them? List and briefly describe at least three possible extension activities – you do not need to design lesson plans for each extension. A simple one-paragraph description of each extension will suffice. Resources Used – Include all of the resources you used to teach this unit. You may organize your resources by indicating who they are most appropriate and/or by their type; for example, â€Å"Teacher Resources† might be listed separately from â€Å"Student Resources†. Internet Resources† (such as websites) might be listed separately from â€Å"Children’s Literature,† and videotapes, simulations, artifacts, museums, social agencies and guest speakers might also be listed under separate categories. Evaluative Essay – In the first of these two final essays, use all of the assessment data you collected from students to present a clear picture of their learning. Use tables to display and summarize quantitative data and always include examp les of several students' work on various projects and assignments at several different levels of performance. Use narrative to explain quantitative results and what students learned. Present and explain your assessment results in ways that the reader can use to evaluate the extent to which your students met content standards. Hence, this essay should be written as a technical report consisting of both qualitative and quantitative evidence and analyses of student learning. The evaluative essay should present evidence of learning for each student in the class on each one of the unit's curriculum standards. Summaries of whole-class learning (i. e. , what students learned as a class) should also be included. Reflective Essay – One major reason for planning, implementing, and evaluating this unit is to give you practice teaching and assessing student learning over time in a real elementary-school classroom. This work sample is a very authentic task for teachers. As you plan, teach, and assess students' learning, you will be meeting many of the Performance Based Standards for Colorado Teachers. In this essay, describe and explain how planning, teaching, and assessing this unit enabled you to meet the Performance-Based Standards for Colorado Teachers that are listed on the â€Å"Thematic Unit Assessment Rubric† which follows.

Family Law has Evolved to Suit Modern Society Essay

Family Law has Evolved to Suit Modern Society - Essay Example However, the Law Commission’s paper recommending reformations that would govern the distribution of property between cohabitants upon the breakup of the relationship3 demonstrates that Family Law in England and Wales has still further to evolve before it can be consistent with modern society. The Law Commission’s paper identifies a crucial inconsistency between British Family law and modern society. The reality is families are formed without the benefit of a solemnized marriage in modern society, particularly between same sex partners. These families start out like any other family intending to make their lives together indefinitely and by making this commitment they raise children together and purchase property together. In other words, in modern society the structure of the family has changed dramatically.4 The introduction of the Civil Partnership Act 2004 grants same sex couples with the facilities to establish a partnership that is similar to a civil partnership an d confers upon the partners specific rights and responsibilities that are commonly granted to married couples.5 However, there is no right to claim financial/spousal support upon the breakdown on a civil partnership.6 Beyond the 2004 Act, unmarried couples remain at a disadvantage in terms of settling property once the relationship comes to an end. This reality has led the Law Commission to refer to the concept of common law marriage as a â€Å"myth†.7 As Baroness Ruth Deech explains, the idea that there is a family institution in England and Wales referred to as â€Å"common law marriage† is â€Å"erroneous†.8 The judiciary does not have the authority to settle property or the rights of couples who have lived together for any period of time and have decided to end their relationship. The only recourse of cohabiting couples ending a relationship is to seek civil remedies relative to claiming property through litigation.9 For unwed couples who live together all q uestions relative to finances and property must be resolved by reference to the applicable property and trusts laws.10 It is unfortunate that unmarried couples are denied the opportunity to resolve the financial issues arising out of the breakdown of their cohabitation when modern society demands that they do. Samantha Singer explains that public opinion is on the side of granting unmarried cohabitees the same property rights as married couples. For instance, British Social Attitudes Survey conducted in 2006 revealed that most members of the public are of the view that â€Å"cohabitants should have access to financial relief on relationship breakdown†.11 A more recent study on unmarried cohabitees in 2007/2008 revealed that 74% of the respondents supported the idea of unmarried couples having access to marital property settlement laws upon the breakdown of their relationship.12 The consequences of the denial of matrimonial property settlement laws are particularly difficult f or the cohabitee who depended on the financial support of the other cohabitee. The Family law applicable to married couples certainly recognizes the potential for hardship on the dependent spouse. For instance, Section 25A(2) of the Matrimonial and Family Proceedings Act 1984 provides that the court is required to determine whether or not an order for spousal support is necessary and in doing so, the court must determine: Whether it would be appropriate to require those payments to be made†¦

Childhood life in Swizterland Research Paper Example | Topics and Well Written Essays - 1500 words

Childhood life in Swizterland - Research Paper Example When students complete their primary school they are assumed to have completed their first portion of their education in different types of grade one school. These schools emphasize on occupational or academic subjects to different degrees. There are then the grade two schools which are not obligatory for students to attend. They include trade and gymnasium schools, which act as opening doors for students to the university. Despite the challenges faced by Swiss government, it has tried to provide standard life for its citizens. Private schools in Switzerland are mostly found in the French speaking cantons. These schools provide quality education, and they offer various academic opportunities. Most of the children in Switzerland complete their primary education and this account for about 98%. There are about 10 universities that are managed by the cantons in Switzerland (Colombo, 2006). Four of the universities are located in areas speaking French, and four are located in the area speaking German. The universities in Switzerland are funded by the cantons as the confederation contributing about 53%. One- third of the contribution in higher education is directed to research and some to development. Research has shown that 49% of adult have tertiary education where the enrollment of men is about 53% while that of women is about 44%. The literacy rate of men and women is approximately 99%. Swiss is well known for the high standard of education that it offers, and it is funded by the public. Switzerland concentr ates on improving its education system because it has few natural resources for improving their economy and a country as a whole (Hug). It is because of this reason that makes many people continue studying even after they have completed their compulsory education. People prefer to take more that one course after finishing their compulsory education as this make them become diverse. It is very unfortunate for the education system because it

Economic analysis Essay Example | Topics and Well Written Essays - 1750 words

Economic analysis - Essay Example This paper assess a year by year economic indicators from the year 2012 to the year 2014 Economic growth is the measure of the change in gross domestic product, abbreviated as GDP. On the other hand, GDP is defined as the market value of the goods and services attributable to labour and property located in the economy. The gross domestic product measures the national income (sum of factor incomes) and output for a given country’s economy. It is equal to the total expenditures for all the final goods and services produced within the economy for a given time frame. The United States GDP in the year 2012 was worth 16, 244.60 Billion dollars1 and this value it was the worlds highest and over 25 % of the total value of the world’s economy. This was a growth from 15, 533.80 Billion dollars recorded in the previous year. This signaled a growth of 2.8% on the GDP recorded in the year 2011. Economic theory asserts that an economy’s GDP consists of total consumption, total investments and net exports; the latter is the difference between the total value of exports and imports. The estimated value of the decomposed components of the GDP were as follow; household consumption -70.9%, government consumption-19.5%, investment in fixed capital-12.8 %, investment in inventories-0.4%, net exports of goods and services negative 3.6 %.2 At the estimated percentage of more than 70%, indeed consumers are the engine of the US economy. Consumers spending have grown rapidly out of confidence in the 2011 economic growth. In the United States, the country has grown to be an imported consumer oriented goods and services shown by the negative value of the net exports, which means that the value of imports exceeded the value of exports. Consumer spending at percentage of 70.9 out of the GDP is the single largest piece of spending. During the period that transverse the dip and the recovery,

Economic Analysis for the Motion Picture Industry Term Paper

Economic Analysis for the Motion Picture Industry - Term Paper Example Thus, content is still king and that which appeals to the audience will earn more in an economy with higher levels of affluence and more leisure time. Fixed costs for a movie production house accrue from a need to maintain staff, equipment and stage as well as props in readiness for the shooting and production of a movie. A single movie cannot sustain a production house forever and this means that a successful movie production house is constantly investigating movie concepts, financing, shooting, editing and making deals for marketing and distribution. Variable costs accrue when the shooting of a new movie commences, requiring new stars, talent, equipment or on location shooting. However, after establishing a motion picture production house, the total cost curve and the marginal cost curve for motion picture production will present an L-shaped curve because acquisition of most of the equipment for making movies and stage as well as props etc. is complete at the time of production of the first movie. Products presented by the motion picture industry represent high levels of artistic innovation that revolve around the product rather than the firm that produces the movie (Vogel, 2007, Pp. 65 – 66). However, although many people think that making movies is fun and highly lucrative, nothing could be further from the truth. Product and demand uncertainty are a part of the movie making business and on the average, out of every ten movies produced, six or seven present unprofitable returns. Thus, making movies remains a truly entrepreneurial endeavour and only those motion pictures that can compete effectively for the attention of the audiences in relation to others present great returns (De Vany, 1999, Pp. 1 – 5). De Vany (1999, Pp. 1 – 5) goes further to suggests that a Levy stable process that is asymptotically Pareto-distributed with infinite variance depicts box – office revenue dynamics for motion pictures, with rare blockbuster movies dominating the me an in the far left end as depicted in the figure below (Sinha, 2005, Slide 10). Figure 1: Income Distribution Snapshot for 100 – 150 Movies showing in Theatres across the USA, from (Sinha, 2005, Slide 10) The film industry presents a myriad of interesting problems that lend themselves to economic analysis (McKenzie, 2009, Pp. 1 – 3). Deciding about a strategy for transforming the initial concept into reality followed by production, distribution and finally exhibition all present economic puzzles that are worthy of investigation. However, with global annual spending on movies by the consumers exceeding one trillion dollars, it is worth aspects related to the economic analysis of the motion picture industry (Vogel, 2007, Pp. xix – xx). This very brief report presents a discussion about aspects of economic analysis for the motion picture industry, including aspects of industry demand and cost structure for the motion picture industry. Industry Demand When thinking about demand for a motion

Strategic Management and Strategic Competitiveness Research Paper - 3

Strategic Management and Strategic Competitiveness - Research Paper Example This paper illustrates that globalization is the process of improving the interactivity of the social, political interdependence, cultural, financial economic and incorporation of markets that are triggered by the development of technologies in the communication and transport sector at the same time liberalizing trade. Globalization together with the unparalleled change in technology has led to a weakening of the borders from the States control. There is an increase in the volume of cigar and money at an alarming rate which kills the tobacco industry. Fake tobacco products are smuggled into the State by organized criminals. There are various networks of companies, people, and groups who evade taxes and royalties to bring in fake cigarettes which look similar to the genuine products. As a result, they trade like any other company’s products hence killing the revenue collected by the company. The products sold by these smugglers cost much lower than the genuine products. With gl obalization and technological change, the products can be designed in a way, that one cannot differentiate them genuine products. The taxes can be avoided easily with fake documentation which can pass for the real documents. Application of the industrial organization model and resource-based model by Marlboro firm to earn above average returns can be done in various ways. First, with the application of the industrial organization model, Marlboro firm can make use of alliances with other cigarettes manufactures to form an association like a cartel. Since the organized cooperate more with other close competitors in the tobacco industry, this will reduce the probability of the collaboration to lift the revenues of the firm. Moreover, the firm can also make good use of its resource-based model by differentiating their products and making it known to the customers about the genuine products and how to separate from the fake products. All it takes are the internal resources of the company to implement strategies that can easily reduce cases of smuggling. In addition, the government regulatory controls can be partnered with, by the company by having agents or inspectors who are able to draw a clear line between fake and genuine products.

Outline the way that China has been affected by the recent financial Essay

Outline the way that China has been affected by the recent financial crisis of 2008 and subsequent recession. Explore their econ - Essay Example In 2008, the problem was in the sub-prime market in major investment banks in Wall Street. The turning point in 2008 in the crisis was the fall of Lehman Brothers. The world was soon involved in this crisis as many government rushed to implement nationalization policies in their countries to prevent further damage. A number of bad debts also arose during this period because there was a great deal of selling of financial assets with the mortgages that were given out and they were sold all over the world but this became a complex procedure as more and more countries were lending and banks and other financial institutions did not have an idea as to how far in the globe their loans were going. A credit crunch arose in the world which led to a break in the lending system in the world as there was no money to give. This had a detrimental effect on the entire world’s economies including China (Krugman 2009). A fall in output occurred due to the burst of this real estate bubble. This lead to nationalization all over the world as aforementioned and governments made failed attempt after failed attempt to assuage the situation. The government injected more and more money in the economy because demand had fallen and banking systems were trying to hold on. Chinese government increased their spending as well as made tax cuts wherever they could in order to improve the situation of the economy (Soros 2008). The focus of economies including China shifted in two ways. The debt was the responsibility of the public not the private sector since the government had nationalized the economy. And finance was no longer the epicenter, it was the government. Bankers were unwilling to lend and buy bonds because they were fearful of the future due to the crisis. Therefore the financial markets continued to worsen in 2009. China seems to be doing well after just a short duration of time while the other countries are still suffering the blows of the crisis. China in fact had growth of double digits even though it is vulnerable to the changes in the economies of the world. The government in China had to inject money equal to 14% of the GDP in order to boost the economy when the markets in US and Europe fell and they didn’t demand any exports. Social aspects of this injection was relatively little, only about 20% of this stimulus, and the rest went to investment in fixed asset such as concrete, steel and this also lead to the world’s speediest rail system being built in China. Even though this sector was working with excess capacity, the government considered this action to be the correct one (Goodstadt 2011). In 2009 as well, China underwent its own real estate bubble. In this bubble, the prices of apartments shot up by 50 to 60% of their original price, especially in Shanghai and Beijing. New complexes that were being built were abandoned because demand was falling, and so there were half built places all over the country, and there was no sign of growth as no one was constructing which is the first step in order to have a house to sell (McLean & Nocera 2010). The prices of houses were also way beyond the incomes of people and households in the economy. This lead to expansion of credit in China, but one which was cheap, and wages were bogged down artificially so that household transferred their income to businesses and rather than consuming,

An Analytical Response to the 1978 film, F. I. S. T. Essay Example for Free

An Analytical Response to the 1978 film, F. I. S. T. Essay The plot of the film basically revolve around the life of a worker who desperately seeks a better and a more comfortable life by working hard in a very low-paying job with a management who imposes very harsh and unjust rules and guidelines. The story also deals with the struggles of the workers to earn respect and the right and fair kind of treatment they deserve. The plot centers on the life and struggles of Johnny Kovac’s character which was played by Sylvester Stallone. The character was portrayed as a willful trucker who decided to join the Federation of Interstate Truckers (FIST) to fight and campaign for just treatments among all the country’s truckers like him (â€Å"F. I. S. T. 1987†). Through out the story, Kovac was challenged by a lot of more powerful individual since he was seen as a very strong threat to their deceptive intentions. He also received a lot of threats and physical tortures since he was actually fighting very powerful people. But despite all these challenges, Kovac was nevertheless able to prove that he is stronger than anyone who opposes his intentions to uplift the lives of simple truckers who just deserve fair treatment from their superiors. This was the major conflict and drive of the story. Kovac, as the main protagonist both serves as a hero and the base character of the story where all the other conflicts and highlights are based from. The story emphasized on Kovac’s principles and his efforts of fighting for their rights as truckers. Kovac and all the other characters in the story were portrayed to be simple and typical people with whom, viewers can easily empathize. However, his defeat and death at the end has put a rather distressing and saddening effect to the story. II. Issues The story was basically about the lives and struggles of truckers. Just like other workers, truckers have rights and privileges that they can demand from their superiors. However in this movie, the workers were rather treated unjustly by the management. They were given inadequate compensation and several unfair rules and regulations have been imposed on them. Kovac, as a trucker himself stood up and fought for his principles and afterwards fought for the influence of the labor union, FIST, which he became part of. The movie had a particular emphasis on the laborer’s rights and privileges. The unjust treatments to these workers portrayed in the film are one manifestation that in the real world, this undeserved treatment is also observable. Through the depiction of this issue it can be implied that some capitalist may really have been so fed up by their wealth that they forget that there are still other important things to consider aside from getting richer and this is the welfare of their workers. And because of this issue, the characters of the movie can be observed to seek for their rights and privileges in a rather aggressive way because of the unpleasant manner their company has used to treat them. The issues were basically about, (1) what implications can unjust treatment and deprivation of privileges causes workers; and (2) how well do labor unions actually help in eliminating the hostile relationships between workers and companies. And because this issue has been depicted to have taken all the patience of the workers, some of them have even developed stronger sense of selfishness and greed. Some also developed greed towards money. Kovac on the other hand became more and more obsessed of recruiting for member to join FIST since he wanted his mission and his intention to voice out the wants of the workers to be accomplished as early as he can. These implications may in some ways appear similar to the effects of unjust treatments to laborers people experience in real life. Just like in this film, people may indeed grow hostile and aggressive once their rights and privileges will be deprived of them. But nonetheless, if there is one lesson that this movie was able to send out, it is the fact that it is never just and acceptable to fight for one’s principle in destructive ways. III. Discussion In several ways, this movie appears to carry considerable significance to the real occurrences of unjust treatment among workers in the society. In real life, these incidents are undeniable that is why unions exist. However, the arguable thing is this movie is that Kovac and his other colleagues appeared to fight for what they believe in rather hostile and destructive ways which only made the situations worse. Aside from this, a lot of characters were also depicted to be deceived by wealth and power which made them turn their . backs to their moral perspectives. Thus, this can be considered as one of the moral threats unjust treatments can really cause an individual. In its entirety, the movie appears to be a total representation what goes on in a union and how its members fight for what they believe in. But what appears to be an upsetting and disturbing part of the story is the aggression and immorality which brought about . worse situations and events. IV. Opinion Truly, every person in this world deserved fair treatment as every person deserves equal rights and privileges as well. In a company, the relationship of the executive management to the workers can be considered very crucial. In order to form a pleasant relationship between these two, each party must respect and provide the deserved treatment and benefit of the other party. Because once this rule is broken, hostility might definitely spark which will eventually form an unpleasant relationship between the workers and the management. Personally, I think the movie had an interesting inspiration; however, the real message was not that effectively sent out to the viewers because of the distractions that came from all the unnecessary actions and violence portrayed in the film. But nonetheless, I see this film as a good depiction of how worse a situation may get once a worker’s rights and privileges be unjustly deprived from him or her. Works Cited â€Å"F. I. S. T. (1987): Plot Summary. † The Internet Movie Database. IMDb. com. (n. d. ). (14 May 2009). http://www. imdb. com/title/tt0077531/plotsummary. F. I. S. T. Dir: Norman Jewinson. Writer: Joe Eszterhas and Sylvester Stallone. Cast: Sylvester Stallone, Rod Steiger, Peter Boyle, Melinda Dillon, David Huffman, Kevin Conway and Tony Lo Bianco. Chateau Productions, 1987.

Note On Development Of Waqf Land Economics Essay

Note On Development Of Waqf Land Economics Essay Introduction 1. There is no doubt that the existence of waqf since the time of the prophet s.a.w is meant for the humans to do good deeds for the society and should benefit the Muslims. Waqf or endowment has been embodied in Islam as one of the good deeds in which the spiritual deed rewarded by Allah with 70 times returns.  [1]  In another verse, the act of philanthropy by disposing out property as an act of charity is encouraged in Islam.  [2]  From economic point of view, waqf is a powerful mechanism in developing the nation in form of charitable instruments which is very unique and beneficial for poverty alleviation programmes. 2. In Islamic tradition waqf is very important. Its potential in future development should not be underestimated. The average rate of return on investments made in developing waqf properties came to a minimum of 20-25% (Rashid, 2012)  [3]  . Besides religious purposes, waqf land has also been used for infrastructure development, education sector, healthcare and public amenities. For example, among the prominent education institutions that were founded and maintained using waqf lands are the Al-Azhar University in Egypt, University of Cordova in Spain, Universitas Islam Indonesia in Jogjakarta, Indonesia  [4]  and AlBukhary International University in Malaysia. While in the healthcare sector, the hospital (Al Noori Hospital) in Damascus and clinics (Klinik Nur) in Malaysia.  [5]   Review of Development in Waqf 3. Recently, there is an increasing interest in reviving the waqf institutions. Several international conferences on waqf have been held in recent years (i.e. Harvard, 2006, 2008; South Africa, 2007; Singapore, 2008; Kuwait, 2008; Iran, 2008, Malaysia, 2010).  [6]  These conferences and seminars have discussed how waqf institutions have been revived by means of interviewing relevant authorities and conducting surveys on waqf land rules and regulations in many parts of the Muslim world. Box 1 provides the example development of waqf lands and properties in Malaysia and Singapore. However, despite various efforts by the governments to enhance the benefits, the utilization of waqf lands is still not being optimized and in fact there are a lot undeveloped waqf lands which have potential to be invested through various instruments. 4. From the perspective of research, the literatures discussed the different usage of Islamic modes of investment for waqf institutions (Kahf, 1998; Hasan and Abdullah, 2008). There are also a few literatures dedicated to the topics of waqf land development. Most of these have discussed the historic development of these lands and their legal aspects (Perai, 2005; Hasan and Abdullah, 2008). There are writings that have classified waqf lands according to how they have been used, for example agriculture, construction, mosques, cemeteries, etc. (MAIS, 2008). There is, limited literature that has categorized waqf lands according to their strategic locations and uses let alone matching them with Islamic investment modes (Noor and Mohamed, 2009). 5. There is no recent news of any worth-mentioning waqf development project except in Malaysia during the last two years (20 major and 70 minor waqf projects have been completed, worth over US$100 million)  [7]  . On the other hand, the number of properties sponsored by the Awqf Properties Investment Fund of IDB (APIF) was not up to the mark. During 2002-03 only 8 projects were developed, while 7 projects in 2009 and 5 projects in 2010. The distribution of dividend from the funds was relatively low at only 2.5% compared to Harta Tanah PNB Trust in Malaysia at 6-7% of income distribution annually  [8]  . In addition, World Waqf Foundation has been very inactive as there is no publication from the foundation since 2004. Box 1. Development of Waqf Lands in Malaysia and Singapore The development of waqf in Malaysia and Singapore especially land is fundamentally aimed at generating more income to waqf institution that could be benefited by the beneficiaries. In the context of Malaysia, there are over 35,727 hectares of registered waqf lands in which may be invested to benefit the Muslims society.[1] One of the recent large scale investments of waqf land in Malaysia was initiated by the Federal Territories Islamic Religious Council together with Tabung Haji, TH Technologies Sdn. Bhd. and Bank Islam Malaysia Berhad involving a project for the construction of a 34-storey building at a cost of RM151 million. Regardless of this development, it is observed however that the utilization of waqf lands is still not being optimized and in fact there are a lot undeveloped waqf lands which have potential to be invested through various instruments. There are various model of investments of waqf land could be adopted by the waqf authority either they are depending on funding from the federal or state government or statutory bodies or financial institutions. The utmost important is that the ability of the waqf institution to choose the most appropriate and suitable methods of financial schemes for any of its investment project. In Malaysia, the instruments of investment of waqf land namely debt-based instrument, equity-based instruments, self-finance instrument and Islamic securities instruments. However, the existing waqf lands have not been strategically categorized and the modes of Islamic investments have been used arbitrarily. In the case Singapore, although many waqf were still managed by the private trustees, all awqaf created are vested in Majlis Ugama Islam Singapura (MUIS) and required to be registered in MUIS. The effective and efficient management of waqf assets and properties by MUIS had enabled waqf revenue to increase exponentially. MUIS also adopted joint venture and partnering approach to develop waqf properties (i.e a S$28 million development of the 20 units of massionette and selling for 99 years lease). This approach and method proved to be an effective way to develop waqf properties, particularly with property prices spiraling upwards and land scarce Singapore. There are many creative solutions in the development of waqf properties. In current properties investment, Real Estate Investment Trust (REITs) instrument is a popular route to owning properties as the structure highly appeals to the investors. MUIS has creatively made an internal REITs for its waqf properties (i.e the purchase of a 6-storey office building with a pool of waqf properties). As at 2006, MUIS manages waqf properties and assets worth about S$341 million.[2] As far as financial resources are concerned, cash waqf scheme and modern financial mode of Sukuk Musharaka bond have been introduced to fund waqf development activities. [1] According to a survey conducted by Jabatan Agama Islam Malaysia (JAKIM) in 2000. [2] WAREES PTE LTD (2007). Source: MUIS (2006), Hassan and Abdullah (2008). Binding Constraints to Development of Waqf Land 6. In practice, a wide range of applications of the waqf idea have emerged over time and space, including for purposes of markets, guilds and other civic endowments, usually under the administration of a mutawali, as well as for mosques, schools, cemeteries, housing for the poor and general welfare. In this respect, waqf occupies the ambivalent zone of many charities and philanthropists along with other institutions. However, significant issues facing waqf institutions need to overcome when it comes to process of developing the waqf lands. For instance, the waqf administration is accused of giving less than impartial and just decisions and complaints of bribery against the waqf officials are not uncommon.  [9]  There are also many examples of disputed waqf lands that now in the process of court hearing around the Muslim world. 7. The binding constraints faced by the development of waqf land, among others are: i) unregistered waqf lands without land titles registered in the name of the waqf authority, the land cannot be developed and they remain undeveloped; ii) unexplore option of Istibdal on non-prime land or sale Istibdal or substitution would be a suitable alternative to non prime land being exchanged for prime or more suitable lands for identified development initiatives or refurbishment; iii) waqf on leasehold land and properties classified as national heritage waqf authority may encounter obstacles developing waqf land that are leasehold (till lease expires) or classify under the category of national heritage under the auspices of respective local authority; iv) legal framework to understand different legal frameworks of waqf administration and waqf matters; and v) security for financing route for project financing, the concept of waqf may not allow exceeding to the requirement for land becoming collateral which is a basis for financing. 8. In term of waqf institutions, it is undoubtedly unsatisfactory. In many areas, there has been a devastating evidences of awqaf. The awqaf institutions are not given proper attention and therefore, vast awqaf properties are ill-managed. The inevitable consequence is much dilapidation and disrepair. Even the best wqaf buildings, with tremendous commercial potential, are not getting basic repairs and maintenance (Ahmad and Khan, 1998). Indeed there is a general feeling that waqf properties of the highest quality, is now some sort of cheap commodity, available in the commercial market. On top of which the virtual collapse of institution of awqaf has resulted in a vacuum which, in most Muslim countries have failed to fill in the gap. The reasons for this include: i) poor legislative framework; ii) administrative lapses; iii) lack of political will; iv) indifferent attitude of the management committee of the awqaf; v) lack of funding; and vi) lack of honesty and integrity. Proposed Framework for Waqf Land Development 9. There are vast un-managed assets of awqaf in the world where Muslims also represent a huge amount of social wealth. In the development process, these can be combined to produce necessary facility of social services especially for the poor people (Bellhachmi, 2004). The institution of awqaf could play a better role in the process of social and economic development. In order to achieve this stage, there is a need to give special attention to the development of the vast under-used awqaf properties to reactivate its functions and ability to provide those important services they used to carry out in the past. One of the major problems in relation to reviving awqaf is a lack of funds for regenerating the productivity of the waqf land/properties as well as other moveable and immovable assets. 10. The intended development of waqf lands/properties may be either for the purposes of revivification or advanced in the sense of investment. There are several mode of financing can be employed for development of awqaf lands such as issuing output share, partnership share, leasing etc. Sabit (2006) has divided the development of waqf assets into three (3) main methods: i) credit based finance; ii) joint venture or equity and income sharing; and iii) self-financing. The combination of these three methods of financing or two of them may also necessary based on the requirements of the waqf assets. 11. Based on the recent studies and practices, this study proposes for establishment of waqf assets as an offer of alternative investment through the issuance of sukuk, complemented by cash waqf fund. In order to develop awqaf projects, creating cash waqf fund (i.e Malaysia and Singapore) and sukuk mode of finance (Singapore) will build up trust between investors, depositors and the awqaf institutions for enhancing the financial benefit. It is expected that these two sources of Islamic investment funds will allow the Muslim ummah to invoke waqf contributors motives by financing into the awqaf projects so as to fulfill the objectivities of the awqaf. The details of these two sources of funding for the development of awqaf institutions are discussed below: Before undertaking the development of waqf lands, IDB needs to fulfil three basic requirements: i) develop a co-ordination mechanism between IDB and waqf authority for the purpose of compiling waqf lands information; ii) identify and profile strategic waqf lands for the purpose of commercial activities (i.e hospitals, educational and training institutions, real estate); and iii) form a potential partnership in the form of SPV- IDB as a partner (sharik) with the potential waqf authority to undertake specific waqf projects/investments. Many wqaf institutions simply do not have the funds to develop new capacity while keeping their existing work going on. Waqf assets, through the issuance of sukuk (Islamic bond), offer an alternative investment. Most important point is that sukuk as a product is linked the returns and cash flows of the financing to the assets purchased, or the returns generated from an asset purchased. Therefore, sukuk can be used as a tool to finance for development of the waqf properties. The main objective is to provide long-term support with a focus on building capabilities and showing results. There are several types of sukuk but two, ijara sukuk and musharakah sukuk, are most popular in the real estate financing and for creating funds for construction of new complexes. The development of waqf assets through the issuance of sukuk may be most suitable by using the musharakah financing principle, due to three elements: i) it represents new source of funds on basis of profit and loss-sharing; ii) it is vital to developing awqaf lands; and iii) there is a great deal of surplus cash sitting in Islamic financial institutions. Figure 1. Illustration for Waqf Land Development Source: authors illustration Figure 1 summarizes the cycle for waqf land development via sukuk. The waqf management board creates a musharakah venture. Waqf management board also will also appoint a Waqf Asset Manager as an agent to develop the land. In order to mobilise the fund through musharakah sukuk the following mechanics can be employed  [10]  : i) the waqf asset manager and special purpose vehicle (SPV) enter into a musharakah venture to develop waqf land for a period with pre-determine profit sharing; ii) the waqf asset manager enters into a two-year forward lease agreement with construction company; iii) on behalf of the waqf management board, waqf asset manager contributes land to the musharakah venture; and iv) the SPV contributes cash as capital to build commercial building on the waqf land. The musharakah sukuk can be complemented by cash waqf fund. Cash waqf has become increasingly popular among Muslim, particularly because of its flexibility, which allows distribution of the waqfs potential benefit to be benefited by the poor. Cash waqf fund may be opened for soliciting cash waqf with the intention to support services to mankind in the name of God. The donors (waqifs) of this fund will give their cash money for the purpose of financing the development of awqaf land/building/properties. The waqf mutawalli will manage this fund and the fund will be utilized for providing revolving loans for development of awqaf properties. This loans that are payable to the fund, to be utilized again for financing other awqaf properties. Conclusion 12. This note examines briefly the nature of waqf land development, review recent literature and practices on waqf land development and propose a solution to undertake waqf land development for ISFD. The development of waqf lands is an important milestone for ISFD given the fact that there are large amount of undeveloped and ill-managed waqf lands in the Muslim world. By providing the expertise on enhancing the awqf institutions and develop waqf land in member countries, it is expected from this undertaking that the institution of awqaf could play a better role in the process of social and economic development but also generate additional source of income for ISFD to combat poverty in member countries. This note proposes ISFD to consider undertaking waqf land development through the issuance of sukuk and developing cash waqf fund together with member countries.

Gender Differences in Multitasking: Texting During Lectures

Gender Differences in Multitasking: Texting During Lectures Today, the communication technology has been growing widely to the extent that we can communicate with each other anytime and anywhere. As long as there is Wi-Fi or network coverage, our smartphones, tablets or computers can be used as a communication tool or a gadgets for us to receive new information in the world. Consequently, this function is so easily accessed by all, we are able to receive text messages, phone calls, emails and social network notifications throughout the whole day. However, this can be either a blessing or a curse. As we are exposed to all these information and entertainments, these can be a distraction in our daily tasks. To be specific, students in college are able to access to all these functions most of the time, it has pushed students to multitask more often in their daily lives. These might interfere with their studies as multitasking involves in switching tasks from one and another as well as the attention (Judd, 2013). In a study done by Wilkes University, 95% of the students bring their phones to college every day and 91% of the students admitted to using their cellphones during lectures (Harris, 2013). This has shown that most students tend to multitask in class as they listen to the lecture and use their phone at the same time for either text messaging, social networking or any other purposes. However, research on multitasking have proven that the human has no ability to perform more than one overlapping task at the same time due to the interference occurs in human information processing system (Levy Paschler, 2001; Wood et al., 2012). In other words, students can hardly concentrate in class if they are using their phone at the same moment. This explanation is consistent to the findings of Bowman, Levine, Waite Gendron (2010) that students who instant message while reading take longer time to finish the task. For generations, the stereotype of women are better at multitasking is debated across the world. Although scientist in University of Pennsylvania has supported this statement by discovering females’ brains are connected from left to right, while men has more intense movement in certain part of the brain (Spencer, 2013), many research done on multitasking has rejected the idea. Buser and Peter (2011) reported that women suffer as much as men while multitasking and have no significant differences in productivity of tasks. Not only that, even Conner, Laws, O’Connor and Stoet (2013) found that women outperform men in multitasking, they pointed out that their results cannot be generalized as the empirical studies on gender differences in multitasking is insufficient. Theoretical Framework Living in this world where we are overwhelmed by all perceptual information, our human information processing system can detect, recognize and identify chunks of stimuli at the same time (Hedge, 2013). As so, in this context, attention has given the model a function to either enhance or inhibit information, in other words, our attention chooses which certain information for further processing or ignore (McClelland, 2007). However, when two information are presented and are asked to process at the same time, the ability to attend both fully will be impaired as there are insufficient capacities in the information processing system; this attempt of trying to focus on multiple stimuli at one time is also known as divided attention (McClelland, 2007). One of the example of divided attention is multitasking, which can be defined as performing more than one task simultaneously or switching from one task to another back and forth (APA, 2006). In the human mind, multitasking is managed by a process called executive control; and to decide which cognitive processes and when it is performed, the executive control system will go through two stages – the goal shifting (decision of what to do) and role activation (action of switching task) (Meyer, Evans Rubinstein, 2001). Hence, people tend to repeatedly switch between tasks to achieve two things at a time without constant awareness; although it might seems productive and efficient, it is explained that multitasking leads to more mistakes and more time consumed as there will be brief mental blocks during switching of tasks (Meyer, Evans Rubinstein, 2001). Past Research Many past research have shown that multitasking in class can lead to poor academic performance. Junco (2012) conducted a research examining the relationship between in-class multitasking and academic performance, by giving out survey forms to a large number of students (N = 1,839) measuring their technology usage in class and internet skill to be compared to their grade point average (GPA). He then reported that constant multitasking in class (which include surfing social networking website, chatting and text messaging) has a significant negative correlation with students’ over semester GPA (Junco, 2012). Additionally, Carrier, Cheevar, Lim and Rosen (2011) did an experimental study on the frequency of text messaging interruption during a lecture has found that students in High texting group (16 messages or more) scored significantly lower than the Moderate texting group (8 to 15 messages) and No or Low texting group (0 to 7 messages) in the quiz after a 30 minute videotaped l ecture. Through the cross-cultural analysis of surveys results on mobile phone etiquette and multitasking in class, it showed that Americans and Chinese students both believe using cellphone in class will not interfere their learning but Americans students find it more appropriate to text in class than the Chinese; additionally, no gender significant difference is found (Rosenfeld, 2014). Many other research have furthered this study by doing an experimental study on multitasking in class with the awareness of cellphone distraction. Even many students did not believe that using their smartphones in class is a distraction from their learning, the scores of the short quiz given after the same lecture between students who use cellphones in class and students who listen to lecture without cellphones have a significant difference where students who anticipate in communication technology have a lower score (Elder, 2013). This result is consistent to the findings of a mixed experimental study on th e relationship between self-regulation, attention and cognition learning ability in classroom learning, which reported that college students who constantly self-regulate tend to have a better cognition learning by sustaining their attention during lecture as they text less (Klausner, Wei Wang, 2012). Besides, during an accounting principle lecture in Columbus State University, the half of 62 students who are allowed to multitask in class in the form of communicating with each other through texting did worse in the exam than the other half of students who are not allowed to use their cellphones during lecture (Ellis, Daniels Jauregui, 2010). Although in this study they did a comparison between male and female, they found that gender has no significant impact on learning ability without taking account of whether they multitask or not (Ellis, Daniels Jauregui, 2010). This research is similar to a recent experimental study which both groups of psychology students, who are asked to text and to switch off their phones during a short 20-minute lecture, are then given a short quiz to test their learning ability; the researchers concluded that texting in class is a strong distraction during lecture like other past research, but no gender comparison is done (Dietz Henrich, 2014). Howeve r, in the research of gender difference on multitasking have shown that women suffer as much as men in divided attention while completing multiple task at the same time and choose to avoid multitasking upon free will (Buser Peter, 2011; Strayer, Ward Watson, 2013). Description of Study Although many research has done on student multitasking capabilities in class (Carrier, Cheever, Lim Rosen, 2011; Ellis, Daniels Jauregui, 2010; Gingerich Lineweaver, 2013) and gender differences in multitasking (Buser Peter, 2011; Conner, Laws, O’Connor Stoet, 2013), there are limited research that compared male and female students’ academic performance if they multitask in class. In this study, we will be examining the gender difference in multitasking during a lecture. The aim of this experimental study is to see whether male or female students can multitask better while learning. All participants recruited for the study will be separated to different groups based on gender and will undergo one experiment each, either texting during lecture or no texting during lecture. As all participants will have to attend a half an hour English Literature class, the no texting group will not be allowed to access to their cellphone. However, for the texting group, each participant will receive a text message every 5 minutes and is required to reply. At the end of the experiments, all four groups of participants will be given a quiz to test their understanding of the lecture. Based on Carpenter et al. (2012) and Ellis, Daniels and Jauregui (2010), we hypothesize that texting in class will lead to a poorer performance in the quiz. Then, based on Buser and Peter (2011) and Strayer, Ward and Watson (2013) on gender differences in multitasking, we hypothesize that there will be no differences in both gender on performance in quiz for texting during lecture. Method Design The independent variable of this study is gender differences in multitasking, with two levels, male and female; the dependent variable is quiz scores. This is a between subject design as the participants will be separated to different groups and only go through one experiment either texting during lecture or no texting during lecture. Participants Approximately 80 male participants and 80 female participants, from all races, will be recruited from different private colleges in Penang for the experiment. This is because all the past research used participants less than this amount. A total of 62 participants of both gender are tested on the study by Ellis, Daniels and Jauregui (2010); and a total of 67 participants are used in the study of Gingerich and Lineweaver (2013). The age of the participants will be 18 to 25 (M = 21.25), which most people in this age attend college. The participants are recruited through purposive sampling where they have to meet the 2 following criteria, enrolling in an undergraduate program and is able to understand English perfectly. The students will be participating the experiment voluntarily. Materials A half an hour lecture of English Literature Studies will be given to all participants. As the participants recruited are from variety of courses, this is to ensure that the students have not been to the lecture before and have no prior knowledge in it. At the end of the experiment, a 20 multiple choice question quiz based on the lecture will be given to the participants to answer. As for the treatment group, a total of 6 text messages will be send to the participants which consists of basic conversation questions, such as â€Å"What is your hobby?† Procedure This experimental study will be done in a big lecturer hall with a clear projector screen and perfect sound system. Before the experiment is conducted, all the participants will be asked to sign the inform consent form. After that, they will be divided into four groups, the male control group, the female control group, the male texting group and the female texting group. The students will be told whether or not they are receiving text messages. For all four groups of experiment (the female control group, the male control group, the female texting group and the male texting group), the lecturer and the English Literature lectures given will be same. However, on the treatment group for both genders, each participant will receive a text message every 5 minutes and they are required to reply the message before the next message comes. After the 30 minutes lecture is finished, all participants will be asked to take a short multiple choice questions quiz based on the class conducted. Once the students have finished the quiz, they are allowed to leave. Statistical Analysis As this experimental study only consist of one independent variable and one dependent variable, the data will be analyzed using SPSS with independent one-way ANOVA; and to see if there is significant differences between two means of independent groups. History: The Act Of God Defence History: The Act Of God Defence The Law of Tort is a developing and ever dynamic field and is a conception evolving through centuries. This field is used with principles under which tortuous liability can be demanded. Simultaneously, certain other principles are used, to oppose these claims for compensation. These counter claims, or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were framed from time to time to keep up with the very basis of imposition of tortious liability on an individual- i.e, creating a sense of deterrence while keeping up with the basic values of justice. One such defence which will be discussed elaborately with cases subsequently is ACT OF GOD. MEANING Act of God means an event which happens independently of human action such as death from natural causes (Actus dei nemini facit injuriam), storm, earthquake, tides, volcanic eruptions etc., which no human foresight or skill could reasonably be expected to anticipate. For example, damage from a tornado or a lightning strike would be considered an act of God. Damage would not be considered an act of God if it is caused by the property owner. Vis is a Latin word meaning any kind of force, violence or disturbance to person or property. Vis major is an act of God. The doctrine states that a person is absolved of liability if it was directly caused by vis major. LEGAL DEFINITION Act of God was first judicially defined in Tennet v. Earl of Glosgow Lord Westbury, was first recognised by Blackburn J. in Rylands v. Fletcher and was first applied in Nichols v. Marsland and many other cases. Blacks Law Dictionary defines an act of God as An act occasioned exclusively by violence of nature without the interference of any human agency. A natural necessity proceeding from physical causes alone without the intervention of man. It is an accident which could not have been occasioned by human agency but proceeded from physical causes alone. Vis major is similarly defined, as A greater or superior force; an irresistible force. A loss that results immediately from a natural cause without the intervention of man, and could not have been prevented by the exercise of prudence, diligence, and care. According to Salmond act of God includes those acts which a man cannot avoid even by taking reasonable care. Such accidents are are the result of natural forces and are incoherent with the agency of man. Thus it is an act which is due to natural causes directly and exclusively without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to have been expected from him i.e. the defendant . Accor ding to Lord Mansfield, it is something in opposition to the act of man. Conclusion: It has been said that it would be probably never be capable of complete, exact unassailable definition. But it has also been said that this untheological expression is well understood by lawyers. It is such a direct, violent , sudden act of nature that no man could forsee and if he can, he cant prevent it. ELEMENTS NATURAL CAUSES An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. An act of god cannot be prevented by reasonable human foresight and care. The effect of ordinary natural causes may be foreseen and avoided by the exercise of human care. For example, the fact that rain will leak through a defective roof is foreseeable. In case of foreseeable causes, failure to take the necessary precautions constitutes negligence, and the party injured in the accident may be entitled to damages. An act of God, however, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences. Therefore in such cases the injured party has no right to damages. Acts of god are generally attributable to forces of nature. They are generally in the nature of accidents caused by tornadoes, perils of the sea, extraordinary floods, and severe ice storms. Snowstorms of great violence have been held to be acts of God. Whether freezes are acts of God depend on the locality and season of the year in which they occur, i.e., their foreseeability is affected to a greater extent than other natural occurrences by these factors. Catastrophic earthquakes and volcanic eruptions should be defined as acts of God since they measure up to the accepted definitions of act of God in every respect. However, fires are generally not considered acts of god unless they are caused by lightning. Whether or not a particular natural event warrants such an adjective is a function of such things as the intensity of the event, characteristics of the area, and climatic history. UNUSUAL VIOLENCE- BOTH SUDDEN AND IRRESISTIBLE AN OCCURRENCE NOT REASONABLY FORSEEABLE The basic and prime element of an act of god is the happening of an unforeseeable event. For this, if the harm or loss was caused by a foreseeable accident that could have been prevented, the party who suffered the injury has the right to compensation. However, the damage caused by an unforeseen and uncontrollable natural event is not compensable as it could not have been prevented or avoided by foresight or prudence of man. Moreover, courts are of the opinion that the act of God defence exists only if the event is so exceptional and could not have been anticipated or expected by the long history of climate variations in the locality. It is constructed by only the memory of man i.e. recorded history. The courts may even demand expert testimonies to prove that an event was unforeseeable. IMPOSSIBLE TO PREVENT BY ANY REASONABLE PRECAUTIONS AND ABSENCE OF HUMAN AGENCY CAUSING THE ALLEGED DAMAGE It means practically impossible to resist. Negligence constitutes failure to take the necessary precautions. In an incident where a human factor was present, even though the harm could not be prevented, the fact that the human factor exercised reasonable care and precautions to prevent the harm has to be proved if the defence of act of God has to prevail. If negligence is alleged and proved, the defence of act of God will fail. If a home owner was negligent in properly maintaining a tree that fell on a passerby, he cannot be exempted from liability by act of God principle. In Clark v. Multnomah, the Court made a decision that the flooding of a house was not an act of God where it was caused by the breakage of a pipe fitting in the house. The cause of harm was evidenced by the fact that a repairman had worked with the part that broke just hours earlier. ESSENTIALS There must be operation of natural forces like exceptional rainfall, storms, tempests etc. without any human intervention. The incident must be extraordinary and not which could be anticipated and reasonably be guarded. ORIGIN HISTORICAL EVOLUTION The term act of God occurs and is described in holy texts dating back to the 13th century, specifically referring to acts that God has undertaken. The act of God referred is that which is used in legal and insurance circles when discussing any act which is outside human control and governance and therefore not the responsibility of any individual or corporation. The term was first used in this way in the mid-19th century. Peter Simmonds Dictionary of Trade Products, 1858, uses the term: Force-majeure, a French commercial term for unavoidable accidents in the transport of goods, from superior force, the act of God, etc. In July 1803, The Times included this legal ruling given in a court case by Lord Ellenborough, which is in terms that we are now familiar with from our own household insurance policies: By Common Law, Carriers are insurers against every loss of property entrusted to their care, except losses arising from the Act of God, or the Kings enemies. Earthquakes, floods, hurricanes, tornadoes, wildfires, drought and a deadly tsunami are a long series of natural calamities of seemingly large proportions have been witnessed by us . Lives are lost, properties destroyed , and emotions shattered when these forces of nature tragically strike. The natures blow may be so intense that it may come as a total shock and baffle both to the direct victims of the disaster and, subsequently, to the accused tortfeasors Defendants are quick to claim act of God as a defence to these lawsuits. For three centuries, the act of God defence has been accepted in negligence and strict liability cases. Act of God, as a legal concept shows up not only as a defence, but also in discussions of duty and causation. At first glance, the act of God defence seems a simple, direct concept with few gradations or intricacies. Consequently, all too often, many lawyers have misused the phrase act of God to mean any unfortunate act of nature. In a sixteenth century opin ion, in the Shellys Case best known for the famous property law doctrine, the court wrote in terms of performance becoming impossible by an act of God, which was the death of one of the parties. In an attempt to give life to this notion of fairness, the courts in Shelleys Case and other early decisions drew lines between those acts which were natural and those which were caused by man, so as to forgive man for those acts that were beyond his anticipation or control. The court stated: It would be unreasonable that those things which are inevitable by the Act of God, which no industry can avoid, nor policy prevent should be construed to the prejudice of any person in whom there was no laches. No further explanation of the phrase, Act of God, was provided by the court. The phrase again appeared in the 1702 case of Coggs v. Bernard, which invoked liability for a bailment by a common carrier. Justice Powell opined that a bailee shall answer accidents, as if the goods were stolen; but not such accidents and casualties as happen by the act of God, as fire, tempest for the bailee is not bound, upon any undertaking against the act of God. The act of God defence expanded from common carriers into other areas of strict liability. The Courts then extended the act of God defence to cases of negligence. The act of God defence received prominence in decisions construing the common-law liability of common carriers who were treated as insurers of the goods they carried. In 1785, Lord Mansfield delivered a unanimous opinion in Forwardv. Pittard which involved an accidental fire for which the carrier was in no way at fault. The court clearly established a rule of strict liability for common carriers: It appears from all the cases for 100 years back, that there are events for which the carrier is liable independent of his contract. Again, in Forward, the English courts limited the act of God defence by excluding acts of man. In addition, the burden of proof was shifted from the plaintiff to the defendant to establish the existence of the act of God defence. Although the courts subsequently split on the liability issue for common carriers whose delay subjected its freight to damage from an act of God, there was a consensus that liability would result if the common carriers knew that the force of nature was coming. CASE LAW: In Nichols v. Marsland(1875)( Discussed in judicial cases section) APPLICATION Act of God is often a difficult defence to establish. It requires both the exclusion of human agency and unforeseeability to establish an act of God. For an event to be a legal act of God, the natural event must have been the sole and immediate cause of the injury, with no co-operation of man, or any admixture of human means. Generally speaking, then, the vis major defence can apply to a case involving damage or harm by a natural force, but only in circumstances in which that force is strong enough to overcome and nullify any potential contributory cause by a human agency. The issue is whether the magnitude of force is reasonably foreseeable such that a defendant should have taken precautions to avoid personal injury or property damage resulting from it. For example, a 55-mile-per-hour wind gust, though rare, is reasonably foreseeable in Wisconsin. However, a 200-mile-per-hour tornadic wind is probably not; the vis major defence would apply to personal injury or property damage caused by such a force, even if a human agency (for example, a product such as a window or door) was involved. With respect to rain: An hourly rainfall of three inches, while heavy, is not unforeseeable in Wisconsin; an eight-inch hourly rainfall probably is. A basement collapse would probably implicate the vis major defence in favour of a basement contractor in the latter circumstance but not in the former circumstance. When property damage or personal injury is caused in part by a natural force and in part by a human instrumentality, the plaintiff should argue that the natural force was foreseeable and should have been anticipated in a manner that would have avoided the damage. The defendant then has the burden to establish that the natural-force component of the cause was so huge and so monumental that it was not reasonably foreseeable. The point is that the occurrence of natural phenomenon need not be unique, nor need it be one that happens for the first time; it is enough that it is extraordinary or exceptional and so as it could not be reasonably anticipated and also it must be free from human conduct. The word vis major imports something abnormal and with reference to the context means that the property by the act of God has been rendered useless, for the time being i.e. it was rendered incapable of any enjoyment. Vis Major to afford a defence must be the immediate cause, the causa causans, and not merely a causa sine qua non of the damage complained of. The mere fact that vis major co-existed or followed on the negligence is no adequate defence. Before an act of God may be admitted as an excuse the defendant must himself have done all he is bound to do. The legal maxim Actus dei nemini facit injuriam means the Law holds no man responsible for the act of God. The important thing in regard to vis major is not the positive intervention of natural forces but a process of nature not due to the act of man and it is this negative side which deserves emphasis. It is thus a negation of liability. Complete exclusion of human cause is a difficult standard for a defendant to overcome, which likely explains why the defence is not commonly argued or upheld. As a result, modern courts sometimes characterize acts of God as unavoidable accidents because, although the terms often are synonymous, unavoidable accidents need not be free from human agency. ACT OF GOD AND INEVITABLE ACCIDENT DISTINGUISHED Every act of God is an inevitable accident but not vice versa. An Act of God is discrete and distinct from inevitable accident. In order that an accident may be an act of God it must have followed directly from natural causes without human intervention. In Nugent v. Smith, Cockburn, C.J. said All causes of inevitable accident, casus fortuitous meaning an uncontrollable accident, may be divided into two classes: Those which are occurred by elementary forces of nature not connected with the agency of man or other cause [Act of God] Those which arises either wholly or in part by agency of man. [Inevitable Accident] Example- 1. If a ship is pushed ashore by a violent storm, this is the Act of God; but if it is run ashore during a fog by mistake, however unavoidable on the part of captain, this is the act of man. If a building is set on fire by lightning, this is an act of God; but not so if it is done by human through falling of a lamp even though this was due to no negligence. INEVITABLE ACCIDENT ACT OF GOD Could not be prevented by the exercise of ordinary care, caution and skill A direct violent, sudden and irresistible act of nature as could not, by any amount of human care and skill have been resisted is Act of God. May be controlled by human beings 2. Not controlled by human beings. 3. Strict liability can be imposed on the tortious liability occurred due to inevitable accidents 3. Even strict liability can also not be Imposed in cases of torts arising out of acts of Gods 4. The courts have discretionary power in determining the defendants tortuous liability 4. No discretionary power Conclusion : The defence of inevitable accident is a more general defence and is distinct from the act of God in so far as it is dependent on human agency and not on natural forces and in the degree of unexpectability. ACT OF GOD NEGLIGENCE Negligence, in law, especially tort law, is the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. Both these defences (act of God Negligence) are based on reasonable foreseeability. In terms of foreseeability, the question is not whether a similar event has occurred before, but whether the risk that this particular mishap may occur is foreseeable. Thus, a flood, earthquake, hurricane, or other natural force need not have previously struck a particular location for negligence to exist. Liability may still exist if reasonable design, construction, operation, inspection, or maintenance. For a plaintiff to recover damages, this action or failure must be the proximate cause of an injury, and actual loss must occur. In cases of joint causation, where both human negligence and act of God have a role to play, the traditional sine qua non (but for), substantial factor, or legal causation tests apply. If the act of God is so overwhelming that its own force produces the injury independent of the defendants negligence, then the defendant will not be liable. If the damages suffered are incurred solely due to natural causes without any known fault, there is no liability because of the act of God. There are two ways of viewing this situation. The act of God either supersedes the defendants negligence, or the defendants negligent act is not a cause in fact of the injury. In either case, the defendants act did not cause the damage since the injury would have occurred anyway. The party injured in the accident may be entitled to damages. An act of God, however, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences; hence, the injured party has no right to damages. Accidents caused by tornadoes, perils of the sea, extraordinary floods, and severe ice storms are usually considered acts of God, but fires are not so considered unless they are caused by lightning. JUDICIAL CASES Nichols v. Marsland  [1]   In this case, The defendant had constructed certain artificial lakes on her land by damming up a natural stream at appoint higher up than the defendants land. An extraordinary rainfall, greater and more violent than any within the memory of witnesses, caused the stream and lakes to swell to such an extent that the artificial banks burst and the escaping water rushed on to the plaintiffs land and carried away four county bridges. Nichols, the plaintiff brought an action for damages on the plea that the defendant was liable under the rule in Rylands v. Fletcher  [2]  . HELD: The contention was rejected and the defendant was held not liable. The Court of Exchequer Chamber held that she ought not to be liable for an extraordinary act of nature which she could not reasonably foresee. It was said that one is only bound to provide against the ordinary operations of nature, but not against her miracles. Greenock Corpn. V. Caledonian Railway Co.  [3]   The facts were that the corporation in laying out a park constructed a pool for children in the bed of a stream and there altere its course and obstructed its natural flow. Owing to rainfall of extraordinary intensity, the stream overflowed at the pond and great volume of water poured down a streetand flooded down the property of a railway company. HELD: It was held that this was not damnum fatale and the Corp. was liable. Nichols case was distinguished on the ground that in that case it was the storing of water in a reservoir and not with interference with the course of natural stream and that anyone who does interfere with it must provide against even an extraordinary rainfall. State of Mysore v. Ramachandra  [4]   In this case, the State had constructed a reservoir for the supply of drinking water for the villagers of Nipani. But the construction was not completed and the over-flow channel linked with reservoir was partially constructed. Land and crops were damaged due to flow of water resulted from rain. The plaintiff filed the suit for damages. HELD: The State resisted the suit that it was the act of God. But, the court rejected the defence and observed Assuming an act of God such as flood wholly unprecedented, the damage in such a case results not from the act of man in that he failed to provide a channel sufficient to meet the contingency of the act of God. But for the act of man there would have been no damage from the act of God. T. Gajayalakshmi v. Secretary, PWD, Govt. of T.N.  [5]   The deceased, a cyclist, who was going on his way was electrocuted by the falling of an overhead electric wire. HELD: The court rejected the contention of Electricity board that it was an unexpected event due to rain and wind and that the snapping of the electric wire was an act of God. It also rejected the plea that the death took place due to the negligence of the deceased in his leaving the home that day in rain and wind. Mahindra Nath Mukherjee v. Mathuradas Chaturbhuj  [6]  . A cinema advertising board was placed on the roof of the defendant which fell down and injured the plaintiff. Plaintiff brought a suit against the defendant and contended that the board fell due to storm of unusual severity. But, it was observed that during the season of monsoon a storm of this magnitude is not uncommon. The defendant had not ensured or foresee that the fixing of banner on such a height is strong enough to face the pressure of storm during monsoon season. The Calcutta High Court held that such a storm cannot be said to be so unexpected that no human foresight could reasonably be expected to anticipate it and cannot be regarded as vis major or act of God. Hence, the suit was allowed and the defendant was found negligent. Before the act of God can be admitted the defendant could have taken reasonable care and done all that what he was bound to do. Kallulal v. Hemchand  [7]   The defendant constructed a building and it was collapsed and as a result of it, two sons of the plaintiff were dead. Before the day the building collapsed there was a heavy rain. The defendant pleaded the rain as an act of God HELD: The court observed that the Acts of God must be apparent on the face of the records. They must be known and affect largely to entire public. The defendant was held liable. The act of God or vis major can also be explained mathematically as follows: (i) Unprecedented + Unforeseen + Irresistible = Act of God (As it has been discussed in this Chapter in the cases Nichols v. Marsland; Mahindranath v. Mathura Dass) (ii) Unprecedented + Foreseen + Irresistible + Act of God (Nichols v. Marsland case) (iii) Precedented + Unforeseen + Irresistible = Act of God (Greenock Corporation case) (iv) Precedented + Foreseen + Irresistible = Act of God (Greenock Corporation and Mahindranath cases) EXAMINING ACT OF GOD PRESENT SITUATION Vis Major as a defence depends on two ; lack of predictability and lack of control. If either criteria is missing, the defence fails. Both were solidly based for centuries on the lack of scientific knowledge. Man not only lacked the ability to predict the forces of nature, but also the ability to guard against, control, or otherwise minimize their impacts. In the words of the ancient mime writer Publilius, it is vain to look for a defence against lightning. Today, foreseeability is based not only upon the past, but also upon that which modern technology and science allow us to project into the future. Science has advanced to the point where we can understand many forces of nature, such as precipitation and flooding. Historically, we know which areas have been subjected to specific forces of nature. Scientifically, we can predict the areas which may be subjected to such forces. At first glance, the act of God defence should continue to play a role in strict liability cases. Part of th e underlying purpose of the act of God doctrine was to ameliorate strict liability. In strict liability a number of exceptions have evolved. Whether a particular occurrence amounts to an Act of God is a question of fact, but the ambit of this defence is somewhat restricted. Increased knowledge seems to limit the unpredictable. Natural hazards are no longer a mystery to us. Hence, the applicability of the act of God defence has shrunk in inverse proportion to rapidly expanding concepts of foreseeability. Conversely, environmental changes at the global level have left some scope for Vis Major as a defence. Unforeseen disasters like the July 26, 2005 floods in Mumbai or the devastating Tsunami on 26 December 2004, which was the result of severe earthquake with its epicentre at Indonesia can still be attributed to acts of God. These disasters were completely unforeseen and any prior intimation about the same would not have helped bring the situation under control. Such natural catastrop he has left some scope for the use of Act of God as a defence. Flaws in The Common Laws Approach to The Act Of God Defence 1. The Problem of Increasing Event Foreseeability In terms of Event Foreseeability, there are two independent trends which suggest a strong possibility that climatic events which historically qualified as Acts of God may become increasingly foreseeable: improved meteorological techniques and the effects of climate change. It is undeniable that there is increased data available and increased forecasting powers inherent in the continuing development of meteorological science. This trend has two impacts on the foreseeability of such climatic events for purposes of the Act of God defence: (1) defendants can increasingly know that the hurricane or storm is coming with time to take some precautionary steps in response because they will be warned of it (so that it will be more difficult to say that the event was unexpected or unanticipated); and (2) climatic data of past storms will continue to accumulate (so as to support conclusions that the event is not unusual for the location at that time of year). In short, the climatic events which historically may have been considered Acts of God will be more foreseeable in the future and thus less likely to support the defence simply because we will know more and more about the weather. In short, as climatic change increases the frequency and intensity of hurricanes, heavy storms, and the flooding associated with such climatic events, it appears that it will be harder for defendants to claim that the events themselves or the consequences of those events were not foreseeable. Thus, the defence is likely to be diminished in its utility simply because it will be harder to satisfy the legal requirements relating to the Event Foreseeability necessary to invoke the defence 2. The Problem of Response Forseeability As the climatic events themselves become more foreseeable, Response Forseeability becomes more critical to the Act of God defence because the burden is on the defendant to show that it took reasonable precautions in light of the foreseeable risk. It is here that foreseeability in the context of the Act of God defence really breaks down because of the inability of the defendant to foresee what the adequate response is before the climatic event occurs. To illustrate the problem, consider a fact pattern taken from the Act of God case law: a warehouseman holding goods for a customer in a Gulf Coast state in which a hurricane could strike. Given that a significant climatic event (i.e. a hurricane in the Gulf) is foreseeable, the court will have to analyze whether the defendants actions were reasonable in light of the foreseeable risk. CONCLUSION Although the act of God defence that a defendant is insulated from liability for personal injury or property damages caused by a natural cause is rarely used, it may become more common and general in the future if predictions of disastrous weather events caused by global warming prove true. One prediction related to global warming is that catastrophic weather events such as hurricanes, tornados, and torrential rains will occur more often. All of these have the potential for causing extensive personal injury and property damage and consequently mental trauma. Therein lie the core for more frequent, common and general use of the vis major defence. Is it still viable? How might it apply as a defence to tort? The act of God defence is as common today as ever. Though, it is still not relied on very often, likely because of the difficulty of proving that human elements played no role in causing an injury. The potential application of vis major will expand if meteorological predictions concerning climate change through global warming come to accomplishment and realization. However, as these events become more common, the standard of what constitutes a reasonably foreseeable natural force will doubtless itself expand. This again would confine application of the vis major defence insofar as defendants become obligated to anticipate and account for effects of more extreme and dangerous natural phenomena, especially those associated with the weather. However, in the era of global climate change, courts can hardly pretend that causation can be determined to be natural or human. Storm patterns and frequencies are changing. Growing seasons are shifting. Glaciers are melting and seas rising. Global climate change will present courts with the kinds of difficult factual situations that make it impossible to pretend the old act of God divide should stand untouched. Even though a particular defendant in a given case may not have been demonstrably at fault, the act of God doctrine remains analytically flawed because it requires that nature be the sole cause of a phenomenon to the exclusion of all human action