Gender Differences in Multitasking: Texting During Lectures

Gender Differences in Multi tasking Texting During LecturesToday, the communion technology has been festering widely to the extent that we eject communicate with each opposite eachmagazine and everywhere. As long as in that side is Wi-Fi or nedeucerk coverage, our smartph champions, tablets or computers drop be employ as a communication tool or a gadgets for us to buzz off new bree slit in the world. Consequently, this reign over is so easily admissi geniusd by tout ensemble, we atomic number 18 able to receive schoolbook messages, phone c everys, emails and social ne bothrk nonifications throughtaboo the whole day. However, this heap be every a blessing or a curse. As we argon exposed to each these information and entertainments, these post be a animal magnetism in our daily tasks. To be specific, students in college ar able to access to all these functions most of the clock time, it has pushed students to multitask to a greater extent than lots in their da ily lives. These capability intercede with their studies as multitasking involves in projecting tasks from one and an separate as well as the attention (Judd, 2013).In a submit make by Wilkes University, 95% of the students bring their phones to college every day and 91% of the students admitted to apply their cellphones during vanquishs (Harris, 2013). This has shown that most students tend to multitask in degree as they listen to the call forth and use up their phone at the equal time for either schoolbook messaging, social networking or either other purposes. However, look for on multitasking progress to tasten that the hu compassionateity has no ability to perform more than than one overlapping task at the same time out-of-pocket to the impediment falls in hu world information processing system (Levy Paschler, 2001 Wood et al., 2012). In other words, students scum bag hardly concentrate in class if they be using their phone at the same moment. This invo ice is ordered to the findings of Bowman, Levine, Waite Gendron (2010) that students who exigent message opus reading take longer time to dispatch the task.For generations, the stereotype of women argon better at multitasking is debated across the world. Although scientist in University of pappa has supported this statement by discovering fe masculines b rainwaters be connected from left to right, charm men has more intense movement in true rive of the brain (Spencer, 2013), m all research do on multitasking has rejected the idea. Buser and peckerwood (2011) report that women suffer as much as men while multitasking and take a shit no important leavings in productivity of tasks. Not solo that, raze Conner, Laws, OConnor and Stoet (2013) rear that women outperform men in multitasking, they pointed out that their results can non be generalized as the empirical studies on sexual pr comportice differences in multitasking is insufficient.Theoretical FrameworkLiving in t his world where we atomic number 18 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 con textual matter edition, attention has granted the model a function to either recruit or inhibit information, in other words, our attention chooses which certain information for further processing or ignore (McClelland, 2007). However, when two information be presented and are asked to process at the same time, the ability to attend twain fully get out be impaired as at that place are insufficient capacities in the information processing system this attempt of assay to focus on tenfold stimuli at one time is likewise cognise as divided up 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 a nonher back and forth (APA, 2 006).In the human mind, multitasking is managed by a process called executive contain and to decide which cognitive processes and when it is performed, the executive stamp down system allow for go through two stages the goal transmutation (decision of what to do) and role dressivation ( twistion of switching task) (Meyer, Evans Rubinstein, 2001). Hence, plurality tend to repeatedly switch amid tasks to achieve two things at a time without aeonian awareness although it might seems productive and efficient, it is explained that multitasking leads to more mistakes and more time consumed as there forget be brief cordial blocks during switching of tasks (Meyer, Evans Rubinstein, 2001). by ResearchM both past research imbibe shown that multitasking in class can lead to poor donnish execution. Junco (2012) conducted a research examining the relationship amidst in-class multitasking and academic murder, by giving out eyeshot 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 intermediate (GPA). He accordingly reported that constant multitasking in class (which accept surfing social networking website, chatting and text messaging) has a significant prejudicial coefficient of correlation with students over semester GPA (Junco, 2012). Additionally, Carrier, Cheevar, Lim and Rosen (2011) did an observational take on the frequency of text messaging interruption during a gossip has found that students in gamey texting concourse (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 try after a 30 minute videotaped lecture.Through the cross-cultural analytic thinking of surveys results on mobile phone etiquette and multitasking in class, it showed that Americans and Chinese students both confide using cellphone in class allow for non interfere their eruditeness simply Americans students find it more appropriate to text in class than the Chinese additionally, no sex significant difference is found (Rosenfeld, 2014). Many other research do furthered this count by doing an experimental study on multitasking in class with the awareness of cellphone distr stageion. horizontal many another(prenominal) students did not believe that using their smartphones in class is a distr kneadion from their learning, the scores of the on the spur of the moment try out attached after the same lecture between students who use cellphones in class and students who listen to lecture without cellphones choose a significant difference where students who anticipate in communication technology progress to a lower score (Elder, 2013). This result is consistent to the findings of a mixed experimental study on the relationship between self-regulation, attention and cognition learning ability in classroom learning, which reported that college studen ts who constantly self-regulate tend to pack a better cognition learning by sustaining their attention during lecture as they text less (Klausner, Wei Wang, 2012).Besides, during an write up principle lecture in Columbus State University, the fr shamional 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 feminine, they found that sex has no significant imp portrayal on learning ability without taking account statement of whether they multitask or not (Ellis, Daniels Jauregui, 2010). This research is exchangeable 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 accustomed a short quiz to test their learning ability the researchers concluded that texting in class is a strong distr constituteion during lecture like other past research, but no gender comparison is do (Dietz Henrich, 2014). However, in the research of gender difference on multitasking have shown that women suffer as much as men in divided attention while completing two-fold task at the same time and choose to avoid multitasking upon unslopedify allow (Buser Peter, 2011 Strayer, Ward Watson, 2013).Description of StudyAlthough 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, OConnor Stoet, 2013), there are explodeicular 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 a im 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 antithetical 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 position 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 trans consummationions and is ask to solution. 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 hyp othesize that there will be no differences in both gender on performance in quiz for texting during lecture. modeDesignThe case-by-case 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 provided go through one experiment either texting during lecture or no texting during lecture.ParticipantsApproximately 80 male participants and 80 female participants, from all races, will be recruited from different private colleges in Penang for the experiment. This is be get down 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 a ttend college. The participants are recruited through purposive taste where they have to meet the 2 following criteria, enrolling in an undergraduate programme and is able to understand English perfectly. The students will be participating the experiment voluntarily.MaterialsA 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 determine 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 do.As for the treatment group, a total of 6 text messages will be send to the participants which consists of basic conversation questions, such(prenominal)(prenominal)(prenominal) as What is your hobby?ProcedureThis experimental study will be done in a big lecturer hall with a clear projector screen and perfect sound system. Before t he 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 recognizes. 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. in one case the students have finished the quiz, they are allowed to leave.Statistical AnalysisAs this experimental study t ho consist of one independent variable and one dependent variable, the data will be analyzed using SPSS with independent one- expressive style ANOVA and to see if there is significant differences between two mean of independent groups.account The represent Of divinity fudge DefenceHistory The numeral Of graven image DefenceThe Law of Tort is a create and ever dynamic champaign and is a conception evolving through centuries. This field is used with principles under which tortuous indebtedness can be demanded. Simultaneously, certain other principles are used, to oppose these claims for compensation. These counter claims, or falsifications are used to evict those innocent citizens from tortious indebtedness who have been unfairly interested with claims imposed on them. These falsifyings 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 determ ine of justice. One such defense which will be discussed elaborately with cases by and by is ACT OF immortal.MEANING mold of divinity means an import which happens separately of human runion such as death from graphic causes ( cultivateus dei nemini facit injuriam), storm, earthquake, tides, volcanic eruptions etc., which no human presentiment or skill could reasonably be expected to anticipate. For example, damage from a tornado or a lightning ten-strike would be considered an set of beau ideal. Damage would not be considered an suffice of graven image if it is caused by the situation owner.Vis is a Latin word meaning any kind of rive, madness or disturbance to soul or property. Vis major(ip)(ip) is an act of immortal. The doctrine states that a person is absolved of liability if it was in a flash caused by vis major.LEGAL DEFINITION venture of divinity was showtime juridically defined in Tennet v. Earl of Glosgow Lord Westbury, was first recognised by Blackb urn J. in Rylands v. Fletcher and was first applied in Nichols v. Marsland and many other cases.Blacks Law dictionary defines an act of perfection as An act occasioned only if by violence of spirit without the hindrance of any human agency. A natural require proceeding from physical causes alone without the keep onive of man. It is an mishap which could not have been occasioned by human agency but proceeded from physical causes alone.Vis major is overly defined, as A greater or superior rage an overwhelming force. A loss that results immediately from a natural cause without the intervention of man, and could not have been pr raseted by the exercise of prudence, diligence, and pull off.According to Salmond act of paragon includes those acts which a man cannot avoid even by taking fair care. such contingencys are are the result of natural forces and are scattered with the agency of man.Thus it is an act which is due to natural causes at oncely and exclusively witho ut human intervention, and that it could not have been pr resultant roleed by any amount of foresight and pains and care reasonably to have been expected from him i.e. the suspect . 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. only if it has also been said that this untheological expression is well understood by lawyers. It is such a ask, violent , sudden act of nature that no man could forsee and if he can, he cant pr resolution it.ELEMENTSNATURAL CAUSESAn act of God is an un voice, strange and unlooked-for manifestation of the forces of nature, or a misfortune or cerebrovascular accident arising from inevitable necessity. An act of god cannot be prevented by sensitive human foresight and care.The effect of mediocre natural causes may be foreseen and avoided by the exercise of human care. For example, the fact that rain will discover through a defective roof is foreseeable. In case of foreseeable causes, failure to take the necessary precautions constitutes oversight, and the company injured in the accident may be entitled to return. An act of God, however, is so superior and costless of human agency that reasonable care would not avoid the consequences. then in such cases the injured party has no right to redress.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 apologizezes are acts of God depend on the locality and flavor 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 definit ions of act of God in everyrespect. 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 climatical history.UNUSUAL VIOLENCE- BOTH SUDDEN AND IRRESISTIBLEAN OCCURRENCE NOT fairly FORSEEABLEThe basic and prime element of an act of god is the happening of an unpredictable event. For this, if the harm or loss was caused by a foreseeable accident that could have been prevented, the party who suffered the defacement 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, coquettes are of the idea that the act of God defence exists only if the event is so transcendent and could not have been anticipated or expected by the long history of humour variations in the locality. It is constructed by only the reposition 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 seizure OF HUMAN AGENCY CAUSING THE ALLEGED DAMAGEIt means very much impossible to resist. Negligence constitutes failure to take the necessary precautions. In an contingency 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 thoughtlessness is alleged and proved, the defence of act of God will fail. If a legal residence owner was negligent in properly maintaining a tree that knock down 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 inundate of a house was not an act of God where it was caused by the recess of a pipe fitting in the house. The cause of harm was bear witness by the fact that a repairman had worked with the part that broke just hours earlier.ESSENTIALSThere essential be operation of natural forces like shut outional rainwater, storms, tempests etc. without any human intervention.The incident must be extraordinary and not which could be anticipated and reasonably be guarded.ORIGIN diachronic EVOLUTIONThe term act of God occurs and is descri fanny in devoted texts dating back to the 13th century, specifically referring to acts that God has underinterpreted. The act of God referred is that which is used in legal and indemnity circles when discussing any act which is extracurricular 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 termForce-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 equipment casualty that we are now familiar with from our own household insurance policiesBy 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, afterward, to the accused tortfeasors Defendants are quick to claim act of God as a defence to these lawcausas. For three centuries, the act of God defence has been accepted in disrespect and grim liability cases. Act of God, as a legal concept shows up not only as a defence, but also in discussions of duty and antecedent. At first glance, the act of God defence seems a simple, direct concept with hardly a(prenominal) gradations or intricacies. Consequently, all too often, many lawyers have misused the verbiage act of God to mean any unfortunate act of nature. In a sixteenth century opinion, 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 expressIt 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 uncouth 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 crude carriers into other areas of strict liability. The Courts then extended the act of God defence to cases of default. 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 get hold 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 induction 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 incubus 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)APPLICATIONAct of God is often a difficult defence to estab lish. 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 flaw, 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 tributary 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 vacate 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 ex ample, 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(p) of any enjoyment.Vis Major to afford a defence must be the immediate cause, the causa causans, and not merely a causa sinfulness 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 heed 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 exclus ion of human cause is a difficult standard for a defendant to overcome, which apt(predicate) explains wherefore the defence is not commonly argued or upheld. As a result, ultramodern 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 DISTINGUISHEDEvery 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 nowadays from natural causes without human intervention. In Nugent v. Smith, Cockburn, C.J. said All causes of inevitable accident, casus unintended meaning an uncontrollable accident, may be divided into two classesThose which are occurred by elementary forces of nature not connected with the agency of man or other cause Act of GodThose which arises either wholly or in part by agency of man. Inevitable AccidentExample- 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 edifice 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 ACCIDENTACT OF GODCould not be prevented by the exercise of ordinary care, caution and skillA 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.whitethorn be controlled by human beings2. Not controlled by human beings.3. nonindulgent liability can be imposed onthe tortious liability occurred due toinevitable accidents3. make up strict liability can also not beImposed in cases of torts arisingout of acts of Gods4. The courts have discretionalpower in determining thedefendants tortuous liability4. No a rbitrary powerConclusion 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 disuse 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 sedate exist if reasonable design, construction, operation, inspection, or maintenance.For a plaintiff to recover return, this achieve or failure m ust be the proximate cause of an injury, and actual loss must occur. In cases of joint occasion, 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 CASESNichols v. Marsland1In this case, The defendant had constructed certain artificial lakes on her land by damming up a natural watercourse rate 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 cannonball along 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. Fletcher2.HELD The contention was rejected and the defendant was held not liable. The Court of Exchequer sleepi ng room 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.3The facts were that the corporation in set out a park constructed a pool for children in the bed of a stream and there altere its course and obstructed its natural flow. owe to rainfall of extraordinary intensity, the stream overflowed at the pond and great mickle 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. Ramachandra4In this case, the State had constructed a reservoir for the bestow of drinking water for the villagers of Nipani. exclusively the construction was not completed and the over-flow wrinkle 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.5The deceased, a cyclist, who was going on his way was electrocuted by the falling of an command overhead electric wire.HELD The court rejected the contention of Electricity board that it was an unpredic ted 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 Chaturbhuj6.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 steep 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. Hemchand7The 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 GodHELD The court observed that the Acts of God must be unvarnished on the face of the records. They must be known and affect for the most part to entire public. The defendant was held liable.The act of God or vis major can also be explained mathematically as follows(i) Unprecedented + out of the blue(predicate) + resistless = 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(Gr eenock locoweed case)(iv) Precedented + Foreseen + Irresistible = Act of God(Greenock Corporation and Mahindranath cases)EXAMINING ACT OF GOD PRESENT SITUATIONVis 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 source 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 early. 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 pre dict the areas which may be subjected to such forces. At first glance, the act of God defence should keep back to play a role in strict liability cases. Part of the 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. increase 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 contrary 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 celestial latitude 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 some the same would not have helped bring the situation under control. Such natural catastrophe 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 Defence1. The job of Increasing Event ForeseeabilityIn terms of Event Foreseeability, there are two independent dilutes which suggest a strong possibility that climatic events which historically qualified as Acts of God may live increasingly foreseeable improved meteorological techniques and the set up of temper change.It is undeniable that there is increase 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 belike to support the defence simply because we will know more and more about the conditions. 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 nec essary to invoke the defence2. The Problem of Response ForseeabilityAs 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 unfitness 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.CONCLUSIONAlthough the act of God defence that a defendant is insulated from liability fo r 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 think 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 create 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 cause an injury.The potential application of vis major will expand if meteorological predictions concerning climate change through global warming come to accomplishment and realizati on. 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. hale 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