Page 50 51 and Assignment Example | Topics and Well Written Essays - 250 words

Page 50 51 and - Assignment Example Sketching an outline for a thesis is a good exercise for developing writing abilities. Check if each topic sentence clearly supports the thesis. Consider changing the organization if topic sentences and paragraphs are not connected to one another. Consider also changing the thesis if writing about the topic reveals something new. Change the essay, redraft change thesis and topic sentences. Be open to changing the essay if it doesn’t work out. Nothing is permanent when it comes to writing. Changes can happen as we collect information and develop arguments, paragraphs. Paragraph development. Beginning writers have weakness in developing paragraphs, so must practice in developing them by using topic sentence and information to support topic sentences. Each paragraph must support the topic sentence in different ways- explain, define, give examples, any way to support the topic sentence. Give sufficient information and evidence to support the topic sentence. Make information, clear and specific. Another example of fully developed paragraph. Used many examples to support the topic sentence. More convincing because of stories and examples that prove that Jesse James is a Robin Hood kind of outlaw. They all say something about the topic sentence- connection, unity is clear. Give more evidence to develop the paragraph. Give information that is connected to the topic sentence. Again, think of unity and coherence for each paragraph. Check each paragraph for unclear ideas or sentences that are not connected to the topic

Who Wants to Be Filipino Essay Example for Free

Who Wants to Be Filipino Essay If you were to be reincarnated and given the choice, would you opt to be Filipino again? It was in 1998, at a Forum of students of top schools at the University of Asia and the Pacific, that I raised this question. As expected, everybody, except me, gave a resounding yes for an answer. Hypocrites! I could see from the way they talked, from the clothes they wore, from their ideas of what was good and beautiful, that even in this lifetime they were dying to camouflage their being Filipino. Thanks to Ralph Lauren, a colonial education and a trying-hard American accent. I told them that I want to be European, a Frenchman more specifically. Yes, Europewith its rich history, solid identity, and all the luxury and elegance this world could offer. I have been there once for the world debates in Greece. But being Filipino, I was a disaster then. During socials, I would befriend the Jamaicans so I would stand out. But it was a wrong move because Jamaicans, notwithstanding their darker skin tone, are very secure with themselves. When I and fellow Filipinos were walking in downtown Athens, a young Greek approached our group and casually told us that he intended to go to the Philippines to fk Filipinas. Then he kept on asking us: How much are Filipinas? Did he expect us to adore him because a fine European like him wanted to visit a country whose people they officially defined as Domestic Helpers? Or was he simply being mean? I wish he were just referring to the controversial brown biscuit. Hellish traffic, hellish climate, hell-sent politicians, gangsters in uniform, hoodlums in robe, massive unemployment, inhumane poverty, identity crisis, a tradition of mediocrity. Get real. Who would want to be Filipino? Maybe the Cojuangcos, the Sys, the Tans and the other demigods whose surnames do not sound Filipino at all. But this Yumul, no. My Uncle Jessie is lucky: he and the whole family migrated to the United States in the early 1970s, to graze where the grass is greener and live there as second class citizens but occasionally come home like gods crowned with sparkling dollars. Then there is Me-Ann, one of the tinderas in our small business. She thinks that her main purpose in life is to go to Taiwan and earn money she will never earn in a lifetime of labor in the Philippines. I feel sad to know that Me-Ann and millions of Filipinos have to leave the country just to live decently. Some say though that despite our material poverty, we could take pride in our spirituality since the Philippines is the only predominantly Christian country in Asia. But it continues to puzzle me why this Catholic Nation has only produced two saints so far while Thailand, Japan and Chinaall non-Christian countrieshave more. Maybe, unlike Filipinos, people from those nations have more sensible things to do than creating miracles by desperately looking for images in the stains of tree trunks and forcing statues to shed bloody tears. I have always been pessimistic about the fate of the Filipino. But there was a break. I gave in to the Nationalistic Spirit during the Centennial Celebrations. When fireworks, worth millions of pesos, lit up the skies over the Luneta, I had high hopes that the Philippines would be better and I decided to junk my pessimism. I thought a new era of Filipino pride had dawned. In my college years, I was also influenced by San Bedas thrust of molding young men in the image of a true Filipino like some of its alumni whose ranks include Ninoy Aquino, Rene Saguisag, Ramon Mitra, and Raul Roco, who should have been the president of this country. Yes, for some time, I was deluded into being proud of being Filipino. Thanks to President Erap, I have recovered my senses. His Excellency has betrayed the peoples trust so many times that I need not elaborate. Erap has become for me the symbol of everything that is bad in the Filipino. In his administration, corruption and chaos have become the norm so that writing about it would only bore the reader. Its just too bad for the nation but good for me since I got back my precious pessimism. Now I am firmly convinced that Erap has to resign to save what is left of our dignity as a nation and what is left of my optimism as a young man. But, I guess he will never do that. Congress is dominated by honorable galamays, impeachment is an impossibility. A military coup could save the day for the country, but, in that case, Uncle Sam is sure to defend his friend who handed him the Visiting Forces Agreement. Now, we are left with assassins to play heroes. If one saves the lives of millions, would he not go to heaven? But then Erap need have no fear about an assassination plot. Imelda, despite all the crimes her family committed against the Filipino people, has never been hurt. Not even a strand of her regal hairdo has been touched. But of course, there are always firsts. According to Hindu philosophy, what you sow in this life, you would reap in the next and whatever you are now is a reaction to your past. Could it be that all Filipinos were crooks in their earlier incarnations? If there is any reason why I try to do well in this life, it is in the hope that in my next, I would be a Filipino no more. If it would not be too much to ask, I wish I would be French, or even Jamaican, before Jinggoy Estrada becomes president of this wretched land. Herdy L. Yumul, 21, is a Philosophy and Human Resource Development graduate of San Beda.

walmart :: essays research papers

Relationship Marketing King Wal-Mart Still No. 1 The economists are still telling us how bad the U.S. economy is, but don't say anything about the bad economy to your local Wal-Mart greeter. His or her employer just witnessed revenues grow by 12 percent in 2002, to $246.5 billion. He or she will probably proudly let you know that Wal-Mart Stores Inc. was just ranked number one—again—by Fortune magazine, leading the top 500 corporations for a second year in a row. How do they do it? Sam Walton's 1992 book Made In America has all the details, but let me sum up: Wal-Mart knows relationship marketing. Rule No. 8 of "Sam's Rules for Building A Business" holds the secret to this winning formula of success. He says, "Let them (your customer) know you appreciate them." So what has Wal-Mart done to show that they appreciate their customers? They use one-to-one relationship marketing tactics, executed by the famous Wal-Mart greeter. The Wal-Mart greeting was the original method used by the giant retailer to show customers that they are appreciated. A greeter at the door thanks customers for coming in, assists with a shopping cart, and provides a "goodbye thank you" upon departing the store. The friendly senior citizen dressed in the blue vest conveys warmth and personality to every guest entering or exiting a Wal-Mart store. So why don't others adopt this simple marketing tactic? Some do. Meijer retail stores also use greeters; many restaurants, hotels and other businesses do the same. But most don't—because relationship marketing is not as simple as it seems. It takes a type of commitment different than traditional marketing. Relationship Marketing Has 4 Key Components: It has to be personalized. Personalization can come in the form of a highly targeted direct mail piece, a phone call or email. Obviously the handshake and a smile illustrated by Wal-Mart greeters also work well in personalizing the relationship. It has to be targeted. Wal-Mart invests money in maintaining relationships with existing customers. By targeting this group, Wal-Mart establishes long-term relationships with their most loyal shoppers. Targeting customers through programs that reward loyalty can result in big returns over the life of the customer. It has to be meaningful. Your marketing message has to connect in an emotional way to establish a lasting relationship. If the Wal-Mart greeter did not look you in the eye while saying "hello," the greeting would not have a lasting impact.

African-American History

African-American history Booker T. Washington and W. E. B. Du Bois had contrasting views on how to deal with the problems facing American-Americans. Which was superior in dealing with these conflicts? Booker T. Washington and WEB Du Bois are perhaps the two most important and influential African-American's of the late nineteenth century and they both played pivotal roles in the Civil Rights movement. However, as the question suggests, they also had very contrasting political beliefs when it came to impacting the African-American movement.To fully understand where the two leaders had similarities and contrasts in their political views, I will first study Washington's contributions to the African-American cause, and the reasons behind his choices. Focus will then shift to Du Bois' views and his main criticisms of Washington, and whether these criticisms were valid or not. To understand the methods and reactions of Washington and Du Bois it is first essential to understand the backgroun d they were functioning in.During the late nineteenth century, when Washington and Du Bois were at their peak, Reconstruction had failed and life for many African-American's was considerably worse then it had been before the American Civil War and the abolishment of slavery. African-American's found themselves in the worse paid jobs in both rural areas, where they were exploited by an unfair sharecropping system, and in more urban areas, where the industrial revolution was beginning to take hold. Segregation was also rapidly moving throughout American society being reinforced in 1896 by the Plessy vs.Fergusoncase where it was decided that segregation was constitutional under the argument that it was â€Å"separate but equal†. More worryingly, during this time the number of African-Americans falling victim to lynching was rapidly growing. Due to these worsening conditions many African-American leaders of the time developed a tolerating attitude towards the obvious oppression t here people were suffering, believing that outspoken protest would only make situations worse, and so instead they would appeal for aid from wealthy and influential whites and encourage African-Americans to â€Å"lift themselves by their bootstraps†[1].When looking at the background context it becomes clear why Washington and Du Bois had differing views when it came to Civil Rights. Washington had been born a slave in the South and grew up poorly fed and clothed and was denied an education. Growing up in the South Washington would have had first hand experience with the sort of discrimination many African-American's were faced with at the time and would have also understood the real fear many African-American's had of lynching.With this in mind it can be seen why Washington would have been more cautious in his methods of progressing Civil Rights. Du Bois by contrast was born a freeman in the North and didn't suffer discrimination until he entered higher education, and so it i s understandable why he would not have had the same reservations as Washington when it came to a more radical approach to dealing with the oppression of African-Americans. Washington's work for the African-American race can be most clearly seen when looking at the Tuskegee Institution, which still exists today.The school opened in July 1881 and was at the outset only space rented from a local church, with only one teacher, that being Washington. The following year Washington was able to purchase a former plantation, which became the permanent site of the school, and the students themselves erected and fitted the buildings, as well as growing their own crops and rearing their own livestock. While the Tuskegee Institute did offer some academic training for teachers, its main focus was on providing practical skills needed to survive in rural areas, such as carpentry and modern agricultural techniques.It can be argued that this more vocational slant towards teaching was damaging in the progression of African-American rights, however Washington believed that to become socially equal to whites, African-Americans must first become economically equal and show that they are responsible American citizens, who had something to offer society. Also, it can be argued that the practical teaching of the Tuskegee Institute was far more beneficial for the time than academic teaching would have been. The Institute is also a good example of why perhaps Washington had some merit with his views of appeasement.Washington was able to use his friendship with powerful white men to help finance the school and even got ex-slave owners, such as George W. Campbell, to support the new school. Without this aid it is unlikely that the Tuskegee Institute would have ever evolved from a small rented room into the huge institution that it is today. While the Tuskegee Institute showcased Washington's views on education the Atlanta Expedition Address illustrated what he supposedly believed African- American's place in society should be. Washington delivered the ddress in 1895, and was designed to â€Å"cement the friendship of the races and bring about hearty cooperation between them† [2]. Washington's main purpose with the Atlanta Address was to help achieve a realistic settlement between Southern Whites, Northern Whites and the African-American community in a time when race relations were only getting worse. Washington was no doubt anxious not to antagonise the white population who held African-American's at their mercy, and so he â€Å"urged blacks to remain in the South, work at the ‘common occupations of life', and accept the fact of white supremacy† [3].When addressing the white population in his speech Washington reassured them that African-American's had no intention or interest in securing social equality, that all they required was economic cooperation, â€Å"In all things that are purely social we can be as separate as the fingers, yet one as th e hand in all things essential to mutual progress† [4]. The work Washington did for African-American crossed over into the twentieth century with the creation of the National Negro Business Leaguein 1900.The aim of the League was to help promote and further the commercial and financial development of African-American business [5], not only in the South but also the North of America. The creation of the League empathized Washington's belief that to become socially equal to whites that African-American's must first become economically equal. However it can be argued that the League held little importance when considering African-American business as it did little to assist, but that it allowed Washington to have a â€Å"stronghold† of men in every black population of importance [6].Compared to Washington Du Bois political views can be seen as being quite radical for the social climate of the time. Du Bois probably had more radical views because of his different background , as he didn't have a history of slavery and did live in fear of lynching the way many African-American's did at the time. However, Du Bois did share some similarities in thought with Washington, for example Du Bois also believed that African-American's needed to help bring themselves out of social inequality.However, unlike Washington, Du Bois believed that African-American's needed leadership from a college-educated elite and that simple vocational education wasn't enough to elevate the position of African-American's in society, â€Å"Men we shall have only as we make manhood the object of the work of the schools – intelligence, broad sympathy, knowledge of the world that was and is, and of the relation of men to it – this is the curriculum of that Higher Education which must underlie true life.On this foundation we may build bread winning, skill of hand and quickness of brain, with never a fear lest the child and man mistake the means of living for the object of li fe†[7], Du Bois set out the ideas of an elite group of African-American's teaching other African-American's in his â€Å"The Talented Tenth† article, the idea being that there was one in ten African-American's, the talented tenth, was capable of becoming an influential leader, who would lead other African-American's to a better future.Du Bois had many criticism of Washington, many of which he set out in an essay in 1903 titled â€Å"Of Mr Booker T Washington and Others†. Du Bois felt that Washington focused too much on vocational education and that â€Å"his educational program was too narrow† [8]. This particular criticism no doubt evolved from Du Bois' own education which was wide and varied, and his more privileged background which allowed him the luxury of exploring avenues of education that wouldn't directly lead to work. Du Bois also believed that Washington's methods and arguments â€Å"practically accepts the alleged inferiority of the Negro races †[9].This criticism is almost entirely valid as Washington himself stated that African-Americans should accept White Supremacy in his Atlanta Expedition Address, and while it is doubtful that Washington himself saw the African-American race as inferior, he did little to try and convince the general population otherwise. Washington urged African-American's to earn security through economic means and technical skills, and he put little importance on higher education and political and social rights, believing that they would follow naturally from economic freedom.However Du Bois argued that this approach would lead to many African-American's living below the poverty line, because he believed that it was impossible for most people to gain economic rights and freedoms when they were unequal socially. Du Bois also clashed with Washington due to their differing political ideologies. While Washington championed capitalist ideals, Du Bois, who became a leading Black Marxist, felt that any social freedoms gained by economic progress would make the African-American population into dishonest money makers [10].Du Bois' Marxist views came into play with other disparagements he had with Washington, most apparent in 1903 when Du Bois tried to prove Washington was using â€Å"hush money† to control the African-American press, to make sure his own views were the more favoured in print [11]. To some degree Du Bois' criticisms of Washington were valid, as Washington did little to resolve the social issues that plagued the African-American race, so as not to seem controversial or threatening to the white population. However, when looking at the backgrounds of the two leaders it becomes obvious why they had such opposing views.Washington had been born a Slave in the South and so he would naturally be more cautious and reserved when dealing with the white population as he knew the damage that a majority population could cause to African-American's. He matured in a time when the number of lynchings was ever growing, and so he would fully recognise and understand the fear most African-American's lived with. Du Bois by contrast, was born a freeman in the North, which was far more liberal and accepting than the South and so he didn't have a proper grasp of the everyday problems and anxieties many African-Americans' dealt with.It can also be argued that while Du Bois spent large amounts of his time criticising Washington, he actually did nothing practical to forward the progress of African-Americans' the way Washington did with the Tuskegee Institute. While Du Bois was Washington's most vocal and famous opponent, he was far from the only challenger. A black president of Atlanta University, John Hope, was vocal of his disagreement with Washington's Atlanta Address, stating in 1896 â€Å"I regard it as cowardly and dishonest for any of our coloured men to tell white people and coloured people that we are not struggling for equality.Now catch your breath , for I am going to say that we demand social equality† [12]. While this view was to be expected among Northern black leaders, Hope shattered the illusion that all African-American's in the South were willing to simply accept their lowered social status. William Monroe Trotter, editor of the Boston Guardian, was another of Washington's most unforgiving critics and claimed that â€Å"[Washington], whatever good he may do, has injured and is injuring the race more than he can aid it by his school.Let us hope that Booker Washington will remain mouth-closed at Tuskegee. If he will do this, all his former sins will be forgiven†[13]. Trotter's views are to some degree far harsher than Du Bois' were, but the general idea theme is the same, that Washington was not helping the African-American race by deemphasising the importance of social equality, and that he was in fact hindering to movement. Trotter also challenged Washington at a National Negro Business League meeting in Bo ston while Washington was giving a speech.Trotter posed a number of questions that challenged Washington and his views, before he was arrested. While Washington did not respond to the challenges, Trotter made his point and the incident was reported as â€Å"The Boston Riot† the next day in papers. As can be seen, Washington and Du Bois had to some degree very opposing views on how to handle and progress the African-American race. Washington put great empathise on vocational education that would give practical skills to African-American's living in the South.Rather than focus on social and political equality, Washington stressed the importance of economic advancement, believing that once the average African-American had the power of wealth that political and social freedoms and powers would follow. Washington felt there was great importance in appeasing the white majority, for the economic and political power it affording him in furthering the African-American cause and becaus e he lived in the turbulent South, where it was dangerous to be a radical black man.Du Bois' political ideas contrasted with Washington's idea of â€Å"appeasement† and he had a far more radical approach to Civil Rights. Du Bois didn't think that it was possible for African-American's to achieve economic equality before they had achieved social and political equality. Du Bois' more radical approach stems from his background, as he did not share the same fear as Washington and did not experience the same forms of racism. Bu Bois could afford to be more radical has he had not experienced slavery and his placement in the North meant that he did not share the fear of lynching that many in the South had.Du Bois also put more empathise on academic teaching and did not feel that Washington's vocational education would be useful in helping the progress of African-Americans. However, Washington and Du Bois did share some similarities in political thought. They both recognised the impo rtance of having the support of powerful white men, who could both finance and encourage their cause. While both Washington and Du Bois had good arguments for doing things in their particular ways, it is probably safe to say that neither had perfect strategies. Washington was too timid to argue for equality, and Du Bois had no practical ideas he could implement.It is fair to suggest that a mixture of their two views would have been the best way to progress the African-American cause, as Washington had practical methods of improved the average African-American's life, such as the Tuskegee Institute, and Du Bois was able to protest the obvious oppression that African-Americans' suffered.Bibliography American Memory from the Library of Congress, 2008, National Negro Business League,  http://lcweb2. loc. gov:8081/ammem/amrlhtml/dtnegbus. html Fairclough, Adam, 2002, Better Day Coming: Blacks and Equality, 1890-2000, New York: Penguin Books Franklin, John H. Meier, August, 1982, Black Leaders of the Twentieth Century, Illinois: University of Illinois Press History Matters, 2006, Booker T. Washington Delivers the 1895 Atlanta Compromise Speech,  http://historymatters. gmu. edu/d/39/ History Matters, 2006, W. E. B. DuBois Critiques Booker T. Washington: Of Mr. Booker T. Washington and Others,  http://historymatters. gmu. edu/d/40 TeachingAmericanHistory. org, 2008, The Talented Tenth by WEB Du Bois,http://teachingamericanhistory. org/library/index. asp? document=174 White, John,1985, Black Leadership in America 1895-1968, New York: Longman Inc.

Force Majeure In Construction Contracts Essay

In handling a project, one of the most important is looking at the project plan. In the project plan, it almost includes all the necessary information from the high level up to not so much low level or details of the project. It is also the starting point of any project which is being initiated mostly by over-all project manager, Project manager must not only look at the financial or what we call budget or the resources that will be needed or even the schedules or time frame of the project. What are most important actually are the main obligations and what do we expect for the contractor, if wee are talking about construction project. Its main obligation and what are not part of their obligation. The most interesting part is what is not their part of work and what are the liabilities that they may have while doing the project as well as after the project. Questions like, what if†¦this happen, are they liable to it? All of the things that would possibly happen must be clearly stated in the contract, because if the building collapses due to an earthquake, what are the liabilities, if there is how it can be measured or be said that they have such liability to the building they have constructed. That is the main purpose of this paper, to discuss clearly what force majeure is, what are the effects to the parties involved and how it can be applied well. What is Force Majeure? Its Scope and Existence Force Majeure comes from French term meaning â€Å"great force† it is a common clause which primarily frees obligation of one or both of the parties from certain liability that are usually unexpected and commonly called as Act of God. These are such as: flood, earthquake, war, snowstorm, etc. Force majeure is not intended for the obligating parties to be excused to certain obligation, this is just intended to have it clearly stated in the contract in order for the parties to be none liable to certain occurrence which are obvious to be not within their responsibility. But, there are some cases wherein force majeure is customized in some projects where liability may also occur and not just claiming all into as force majeure clause which in any case the ruling will all depend on the gravity of the situation and looking again at the written and agreed contract. In other words force majeure is also stated as exceptional matters or events that are beyond the control of either party or overwhelming superhuman events. Like in the case of military, force majeure may be represented by a different meaning. It pertains to an event either it is internal or external, for instance a military vessel that allows to enter normally in another area without restriction or penalty, a very recent example is in the US Navy aircraft that landed at the Chinese territory after a collision with a Chinese fighter, where the aircraft is allowed to land without any restriction, as it was stated under the principle of force majeure. (Force Majeure, 2007). Effects to the Parties As earlier stated the effects of force majeure have provided great effect for both parties. The force majeure clause since it can be drafted differently, it may assume differently. That is why it should be well enlightened with clear use of precise words and must take into consideration the effect of nature and most especially it must include the general terms of the contract. Take for instance in the case of C. Czarnikow Ltd. v. Centralla Handlu Zagranicznego Rolimpex (1977) the English Court of Appeal held the defendants could in the circumstances of the case rely upon a force majeure clause which provided that if delivery was prevented, inter alia, by ‘government intervention beyond the seller’s control’ the contract would be void without penalty. But in some cases, employers or contractors may be relieve from their main responsibility like another example is when the union of the company set a strike. Another good example is when the contractors may ask for extension of the project, due to devastation of typhoon in the construction site, which is most likely very logical. But the over-all effect of these situations will be tremendous since it would impact the plan of the company. But, the company and contractors, must still need to double check clearly if what was agreed upon in the contract, is the situation really covers and part of the force majeure clause or not. Because, there are certain instances that it would still be part of the liability of the party or parties. (Hussin, Abdul Aziz, n. d. ). Force Majeure in Contracts It is very clear based from it sets of meaning and rules that there is no damages that are recoverable from a party who has been prevented from performing their contract by force majeure. That is why an event that will not be force majeure except: (1) it makes performance of the contract impossible; (2) it was unforeseeable; and (3) it was irresistible, both in its occurrence and its effects. Importance of Force Majeure The main importance of force majeure clause in a contract, most especially in a construction project is that it does not only provide a clear cut obligation for both of the parties. It also gives a deeper understanding by both parties, what are must to be included in the force majeure clause and what are not. Because, not all must be included or else there are times wherein contractors may also be just relieving themselves to certain obligation which might come and with that it will be an unfair treatment for the requesting company. Like for example, a coal supply agreement, the mining company may seek to have â€Å"geological risk† included as a Force Majeure event, however the mining company should be doing extensive exploration and analysis of its geological reserves and should not even be negotiating a coal supply agreement if it cannot take the risk that there may be a geological limit to its coal supply from time to time. The outcome of that negotiation, of course, depends on the relative bargaining power of the parties and there will be cases where Force Majeure clauses can be used by a party effectively to escape liability for horrific performance. The General Effect of Force Majeure To further understand force majeure concept, these are the many general effects of force majeure: (1) neither party will be liable if it is prevented from performing its operation by a force majeure event; (2) a force majeure event is something external to the parties (such as an â€Å"act of God†, or disruption to their equipment or machinery); (3) the event should be both beyond their control and such that they could not have prevented the event, or the consequent failure in performance, by the exercise of due diligence; (4) an obligation to pay money will not be suspended by a force majeure event; (5) the party affected by the force majeure must notify the other party and use due diligence to remove the disruption and resume performance of its obligations. In other words, the effect must be beyond the control of both parties and the other party must know the situation in order to also make some adjustment on the issues. (Adlam, JG, 2007). Maui Gas Contract In the company’s contract, it clearly defined and enlisted the following situations or events that will be part of the force majeure clause, and these are: acts of God, strikes, lockouts or other industrial disturbances, acts of the Queen’s enemies, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, floods, storms, fires, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage of or accident to machinery or lines of pipe, freezing of wells or delivery facilities, well blowouts, craterings, the order of any court or governmental authority, the necessity for making repairs to or reconditioning wells, machinery, equipment or pipelines (not resulting from the fault or negligence of such party), or any other act or omission occasioned by any cause beyond the control of the party invoking this Article. But it has to be well observed and studied if both parties did not perform negligence towa rds its duty. Because if there will be cases proven that there are failure in the duties made by either parties and at the same time reasonable. There will also be no such condition or occasion affecting the performance of this Agreement by any party shall continue to relieve the party affected thereby from liability or to hold in abeyance a cause of action, after the expiration of a reasonable period of time within which by the use of due diligence such party could have remedied the situation preventing its performance, nor shall any such circumstance or occurrence relieve any party from its obligation to make payment of amounts then due hereunder nor shall any such circumstance or occurrence affected thereby from liability or hold in abeyance a cause of action unless such party shall give notice of such circumstance or occurrence in writing with reasonable promptness; and like notice shall be given upon termination of such circumstance or occurrence. (Adlam, JG, 2007). Atlantic Paper Stock Ltd. v. St. Anne-Nackawic Pulp & Paper Co. , decided by the Supreme Court of Canada in 1975. In this case the mill company had a force m ajeure clause in a contract with the company that supplied waste paper. The force majeure clause excused the mill from purchasing its required amount of waste paper as a result of an act of God, the Queen’s or public enemies, war, the authority of law, strikes, the destruction or damage to production facilities, or the nonavailability of markets for pulp or corrugating medium. The latter condition became important when the markets failed. It was necessary for the court to determine the meaning of this event. The Chief Justice comments on interpretation of force majeure clauses have shaped all subsequent cases. An act of God clause or force majeure clause, and it is within such a clause that the words â€Å"non-availability of markets† are found, generally operates to discharge a contracting party when a supervening, sometimes supernatural, event, beyond control of either party, makes performance impossible. (Construction Contracts: Defining & Shifting the Risk, 2004). Application of the Interstate: and Sales Full Disclosure Act to Condominium Projects and Single Family Homes This is with regards to contract provision and circumstances of non-performance as well as the focus on force majeure clause. That it must be carefully stated in order to ensure that they will not be interpreted by courts as undercutting the obligation to complete construction within two years. As with limitation of damages sought by purchasers, state law controls in determining whether or not a specific provision undercuts the seller’s obligation to complete construction within two years. In this project the possibility of impossibility of performance due to unexpected and uncontrolled event is limited. Because this can only happen if one of the party completely discharged its obligation under the contract. The only recognize part of force majeure in this case may come from â€Å"bad whether† which may also cover some instances or events that may affect the implementation of the projects, such as earthquake, flood, strikes, fires, etc. In other words, it was clearly stated that non-performance may not be possible to be part of the force majeure clause since it can only happen if one of the partner completely abandoned or removed its obligation while the list of events that will be covered under force majeure was clearly to avoid confusion. (Chasnow, Robert, 2007). Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074 This case was actually between Yugoslavian company and Hungarian Company. The Yugoslavian company sold and delivered caviar to a Hungarian company. Based on their agreed contract â€Å"the buyer has to pick up the fish eggs at the seller’s address and take the goods to his facilities in Hungary†. Payment was due two weeks after the delivery of the goods, at which time the UN embargo against Yugoslavia took effect in Hungary. The seller assigned the claim for the price of the goods to a company located in Cyprus. The buyer acknowledged the assignment, but could not pay on the basis that the UN embargo was a force majeure. The arbitral court found that the damage caused by force majeure had to be borne by the party to whom the risk had passed the buyer. In this connection, the arbitral court found it necessary to point out that the risk of freight had to be borne by the buyer, unless the contract of the parties or the applicable law provided otherwise as stated in article 67 of CISG. The [buyer] could not be exculpated by proving that the damage was owing to an act or omission of the seller based from the article 66 of CISG. The result was that the court held that the buyer was obliged to pay the price of the delivered goods with interest. (Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074, 1996). Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447 In this case the Antillean Rice Mills exports rice from the Dutch Antilles to the EC Council Regulation No. 304/97 which has introduced a safeguard measure in the form of a tariff quota for the period of 1 January to 30 April 1997. The safeguard measure was justified because of the instability of the Community market of a certain type of milled rice, Indica, which was being sold at a price considerably lower than the intervention price. Antillean Rice Mills brought an action for annulment of the aforesaid Regulation before the Court of First Instance and asked the Court to suspend its application during the course of the action. The applicant argued that if interim measures were not granted, the company risked suffering serious and irreparable harm; first because it would have to dismiss 80 out of a total of 117 employees, with consequent loss of know-how and, second, because it risked losing its business relationships and market shares due to the impossibility of satisfying the orders of its clients. The Court dismissed the application on the basis that the applicant failed to prove the irreparable nature of the damage caused by the immediate implementation of the measure. According to settled case law, `damage of financial nature is not in principle considered to be serious and irreparable’, unless the alleged damage threatens the existence of the company concerned or it cannot be quantified. The alleged temporary loss of productivity with the consequent restructuring of the company and loss of market shares were not found to be irreparable damage that could not be rectified by appropriate compensation if the Regulation was annulled. Second, the suspension would deprive the Regulation of its effectiveness in the event that the main plea was dismissed and the Regulation upheld. If low-price rice imported from the OCTs continued to overflow the market, the Community rice producers would have no incentive to change over to Indica rice, which was the purpose of the safeguard measure. In this situation, since permanent damage was not proved, the Court upheld the Community interest in the direct application of the actions. (Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447, n. d. ). Conclusion In this paper it shows that force majeur does not immediately means that it can derived from an event that are beyond the control of the parties or act of God, like earthquake, flood, etc. It can also include certain damage to production, like machine breakdowns and strikes by employees. It also stated here that force majeur must be carefully studied and validated before any project may be started. Obligations of both parties must also be specified in the contract in order not to encounter confusion on what is really part of the force majeure clause and those that are purely obligatory to both parties. References Adlam, JG. â€Å"Force Majeure Events Commercial and Legal Consequences. † Ministry of Economic Development – Crown Minerals. 28 August 2007 â€Å"Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447. † International Trade Developments, Including Commercial Defence Actions XIII. n. d. Chasnow, Robert. â€Å"Application of the Interstate :and Sales Full Disclosure Act to Condominium Projects and Single Family Homes. † Holland+Knight. 2007 â€Å"Construction Contracts: Defining & Shifting the Risk. † Stewart McKelvey. 7 July 2004 â€Å"Firma Milch-, Fett- und Eierkontor GmbH v Bundesanstalt fur landwirtschaftliche Marktordnung, Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main – Germany, Butter from stock – Force majeure. † European Court reports 1979. 1979 â€Å"Force Majeure. † Wikipedia: The Free Encyclopedia. 18 October 2007 < http://en. wikipedia. org/wiki/Force_majeure> â€Å"Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074. † CISG Case Presentation. 1996 Hussin, Abdul Aziz. â€Å"Force Majeure Clause. † University Sains Malaysia. n. d. Eriksen, Eivind. â€Å"Terrorism and Force Majeure in International Contracts. † Bond Law Review. 2004