Essay --

Las personas tenemos que pasar por varios procesos a lo largo de nuestras vidas. Probablemente el ms crtico de ellos, sea nuestro proceso educativo. Pasamos 12 aos aproximadamente, dentro de un sistema educativo con el que no siempre estamos de acuerdo. Nuestros padres suelen ser los que toman la decisin acerca de nuestros colegios en base a lo que ellos consideran mejor. Quizs tomen esta decisin por tradicin familiar, por cuestiones econmicas, o porque estn convencidos que en aquella institucin vamos a recibir la educacin que ellos creen que es la mejor para nosotros. Esperemos que al momento de tomar una decisin tan crucial para el desarrollo de la persona, los padres en verdad analicen cul es el tipo de educacin que su hijo va a recibir en aquel lugar qu y cmo va a aprender, bajo qu mtodos y tcnicas. En este ensayo, exploraremos el modelo constructivista de la educacin, y como puede beneficiar a los estudiantes que lo utilizan frente a aquellos que no tiene este ti po de metodologa en su formacin. Adems, se analizarn cules son los modelos de enseanza ms comunes en la educacin de flatboat en da y por qu se han vuelto populares entre los educadores, son estas las maneras ms apropiadas de llegar a los alumnos? Como fin principal, queremos que al leer esto se entienda la diferencia entre simplemente ensear algo y ensear a pensar. Es preferible que el alumno solo memorice hechos, o despertar en l cierta curiosidad para que siga aprendiendo sobre ciertos temas? Por medio de experiencias tanto personales como de allegados, o casos famosos, podemos adentrarnos en las distintas maneras de ensear y las repercusiones que tienes sobre los alumnos que por su forma de ser, no vi... ...ir entre la autoridad del saln de clases y el estmulo y motivacin al respeto mutuo que les ofrece a los alumnos. Por otro lado, el alumno educado bajo un mtodo constructivista, segn Moraga (s/f), debe de considerarse como un sujeto constructor activo de su propio conocimiento, estar motivado y construir el conocimiento al dar sentido a los conceptos a partir de su relacin con estructuras cognoscitivas y experiencias previas. Se propicia la interaccin entre alumno y profesor. Propone soluciones. Debe estar activo y comprometido. Aprende y participa proponiendo y defendiendo sus ideas. El aprendiz selecciona y transforma informacin, construye hiptesis y toma decisiones basndose en una estructura cognitiva. El sujeto posee estructuras mentales previas que se modifican a travs del proceso de adaptacin. En el enfoque constructivista,

Athletic Training Career Essay -- Sports, Health and Physical Educatio

Here she comes around the last curve shes just about to break the world record for fastest mile hightail it by a woman. Almost there, and shes done it But wait, shes on the ground, gee whiz I think her knees gave out How is this girl going to get better? What should she do to jumble this? An athletic trainer would be able to answer these questions and help this girl get back into the best physical condition possible so she could run again. The following are key parts of the Athletic reproduction life, including, but not limited to requirements of education and colleges that offer programs basic barter titles and responsibilities employers benefits, hours, annual income extending the job experience. An Athletic Trainer is by definition a medical professional who saves, assesses, treats, and rehabilitates injuries. These professionals are recognized by the American Medical Association, and are part of the assort Health Services. Athletic Trainers must be mature enough to handle emergency circumstances, such as an unexpected injury, distraught athletes and parents. They must know how to prevent injury, or evaluate an injury in order to care for and rehabilitate the injured party (Defining 1). Now, every good career person must have an education, and Slippery Rock University of Pennsylvania is a well known college for becoming an Athletic Trainer. It has a competitive, nationally accredited, Athletic Training program so that after the first two years of college a student must apply for a position. It also has an excellent fitness facility. Curriculum generally includes sound judgement and evaluation, acute care, general medical conditions and disabilities, pathology of injury and illness, therapeutic exercise, therapeutic modalities, r... ...r career extensions or changes among Athletic Trainers. The time it would take to add another degree to a resume would depend on the type of degree or certification required and the college or university attended. How ever, adding more degrees tends to make a person more equal and wanted in higher paying positions, just keep in mind that higher paying positions also take more time. Athletic Training can be a very rewarding career if someone is ambitious enough to go far. The author of this paper no longer wants to scram an Athletic Trainer anymore because higher pay is harder to achieve, and an extreme amount of time would be needed to get into the highest pay bracket. I think this career would be better for single, healthy people, or an athletic family that does not mind the parent being away for periods of time on, whichever, weekends, days or nights.

The Development of Brands and Branding Essay -- Advertising

In todays world material goods make a big contribution to ones take in and companionable status. A richesy, financially stable person could manner of walking down a street wearing an old pair of jeans and a rugged tee enclothe and be taken as a middle-to-low-class person. On the contrary, a middle-class woman could wear her only Custo Barcelona dress and carry her only Louis Vuitton handbag and be viewed as a being with excess wealth and prosperity. Brand images are significant elements of American culture, and they save to make a statement as heavy(p) products of graphic design.Brands are series of logos, names, slogans, designs, and/or sounds that draw to tribe what the company, product, or service in question stands for. Though the main aim of a sucker is to evolve trust and satisfaction with customers and supporters, people amplify their own idea of what this representation may include after experiencing the product for themselves. As more people experience the pr oduct and word of the product is bedcover through society, the place image becomes synonymous with the product. Some imperfection images have become so substantially known that they can be displayed somewhere unconnected to the product and still are successfully able to convey a message to viewers. A flaw is of utmost importance in advertising, and it is inborn to develop a brand image early in a products life in order to assure that the image will be known for the remainder of time the company or product is in existence. Some companies or products knuckle under companies with previously established brand images to use for their brand image and establish their own brand image. These companies use the existing brand images because certain qualities are associated with these brands. O... ...ed through these products since the advertisement shows a successful person or the good life. They are not really fulfilling the good life or being a successful person, they are buy ing a brand that represents the good life or a successful person (HBS).Branding is something that will never go away as long as in that location are things to sell. If branding didnt exist and people bought products on impulse, companies would find it difficult to sell their products and services. The allegiance that branding produces makes it easier and more efficient for companies to survive. Branding is essential to companies because of the way society operates, through association of ideals to products. As long as companies continue to intensify their image and relate to desirable conditions, people will continue to buy their products and services, and businesses will continue to strive. The Development of Brands and Branding Essay -- AdvertisingIn todays world material goods make a big contribution to ones image and social status. A wealthy, financially stable person could walk down a street wearing an old pair of jeans and a rugged tee shirt and be taken as a middle-to-low-class person. On the contrary, a middle-class woman could wear her only Custo Barcelona dress and carry her only Louis Vuitton handbag and be viewed as a being with excess wealth and prosperity. Brand images are significant elements of American culture, and they continue to make a statement as prominent products of graphic design.Brands are series of logos, names, slogans, designs, and/or sounds that communicate to people what the company, product, or service in question stands for. Though the main aim of a brand is to develop trust and satisfaction with customers and supporters, people develop their own idea of what this representation may include after experiencing the product for themselves. As more people experience the product and word of the product is spread through society, the brand image becomes synonymous with the product. Some brand images have become so well known that they can be displayed somewhere irrelevant to the product and still are succes sfully able to convey a message to viewers. A brand is of utmost importance in advertising, and it is essential to develop a brand image early in a products life in order to assure that the image will be known for the remainder of time the company or product is in existence. Some companies or products pay companies with previously established brand images to use for their brand image and establish their own brand image. These companies use the existing brand images because certain qualities are associated with these brands. O... ...ed through these products since the advertisement shows a successful person or the good life. They are not really fulfilling the good life or being a successful person, they are buying a brand that represents the good life or a successful person (HBS).Branding is something that will never go away as long as there are things to sell. If branding didnt exist and people bought products on impulse, companies would find it difficult to sell their produc ts and services. The loyalty that branding produces makes it easier and more efficient for companies to survive. Branding is essential to companies because of the way society operates, through association of ideals to products. As long as companies continue to intensify their image and relate to desirable conditions, people will continue to buy their products and services, and businesses will continue to strive.

How do Hardy and Steinbeck portray loneliness in The Withered Arm :: English Literature

How do Hardy and Steinbeck portray loneliness in The shrivel Armand Of Mice and Men?Thomas Hardy, creator of The Withered Arm and John Steinbeck, authorof Of Mice and Men both portray the common theme of loneliness ineach of these novels. For example, in The Withered Arm, Rhoda isjudged for the cause of her loneliness, such as when it says She knewthat she had been slyly called a witch since her fall, as are Curleyand Curleys wife like when Candy refers to Curleys wife as a tart.Both show signs of discrimination be it due to race, call forth class ordisfigurement. Also, both mainly revolve around a friendship-Lennieand George in Of Mice and Men and Gertrude and Rhoda in TheWithered Arm.The Withered Arm alike conveys umteen other themes a lot of these arecommon to Of Mice and Men. Similarities in these themes include theunhappy marriages suffered which could also link into the lonelinesstheme. Curley and Curleys wife in Of Mice and Men have an unhappymarriage as do Farmer Lodge a nd Gertrude in The Withered Arm thoughin Of Mice and Men, neither try to resolve the situation whereas inThe Withered Arm, it is Gertrudes main stir to find a cure forher arm so that her husband will love her again. However, we know thatthis wont happen as there have been too many bad things happen foreverything to turn out happily. Of Mice and Men also shows strongsigns of this inevitability. We hear from George about the many micethat Lennie has killed and how things always go wrong due to the factthat he does not know his own strength. After crushing Curleys handand killing the puppy, we know that it is only a matter of time beforeLennie kills a person. We also know their American dream of owning aranch will not come true as, fairly near the beginning, George saysNuts showing that he did not believe in it from the start.The Withered Arm was set in Hardys home town of Dorset though hehas used fictional names for parts of Dorset such as Holmstoke,Casterbridge, Egdon Heath and Wess ex. This in itself is a rural, quiteisolated setting as is the ranch in Of Mice and Men which issituated near Soledad in California which is also theauthors-Steinbecks-home town. The isolation of these settings isused to show the isolation of the characters within them. Thistechnique of using the setting as a reference to other points of thestory is also used in the settings themselves.

Lasik Eye Surgery Essay -- Eyesight Vision Corrective Surgery

Putting a Close Eye on LASIKLaser-Assisted In situ Keratomileusis (LASIK) is a surgical operation intended to allow an individual to live independent of glasses or contacts. Since 1995, when the Food and Drug Administration approved the character of laser habituated in corrective eye surgery, optometrists have developed a number of different procedures to clear up foggy or wooly vision in ones eye. In 1998, the Lasik surgery became the most common type of surgery, and remains the number one refractive eye surgery today. The surgery itself lasts no longer than 15 minutes per eye, and begins with the doctor placing a number of eye numbing drops into the patients eyes to eliminate any possibilities of pain during the procedure. The first step in the procedure involves the cutting of a flap in the cornea by a computer programmed device called a microkeratome. By cutting the flap, the surgeon is able to use tiny tweezers-like instruments to unpeel the sliced flap. With the flap pe eled back from the cornea the laser is used to remove small pieces of the inner part of the cornea, but the laser has only a specified wavelength which does not allow it to pass through the cornea to any other portion of the eye. The flap is then repositioned without stitches and is secure after seconds of drying (Lasik Eye Surgery). Doctors fill that the surgery is so popular because the patients vision is restored rapidly and there is little to no post- surgery pain. But while the number of patients receiving the procedure rises, so do the number of complications and patient complaints. Patients whose vision was successfully restored cite that the success of the operation is dependent on the experience and skill of the surgeon, but many cases can be ... ...ped to assist with this problem, but currently over fifty percent of patients will experience poor night vision in the first month sideline their surgery, and of those, half will experience permanent night vision problems. http//archives.thedaily.washington.edu/2001/010901/N5.Lasereyesu.html http//www.kathygriffin.net/lasik.phpWorks CitedElliott, Louise. Laser eye surgery may damage night-vision long term. The Canadian Press. 17 July 2000. Canoe Network. 1 Nov. 2005. .Lasik Surgery. Wake Forest University Eye sum total. 23 August 2005. Wake Forest University Baptist Medical Center. 1 Nov. 2005. http//www1.wfubmc.edu/lasik/LASIK+Eye+Surgery/.Lasik Eye Surgery. Center for Devices and Radiological Health. 9 March 2005. U.S. Food and Drug Administration. 1 Nov. 2005. http//www.fda.gov/cdrh/LASIK/risks.htm.

Lasik Eye Surgery Essay -- Eyesight Vision Corrective Surgery

Putting a Close Eye on LASIKLaser-Assisted In situ Keratomileusis (LASIK) is a surgical feat intended to suffer an individual to live independent of glasses or contacts. Since 1995, when the Food and Drug Administration approved the type of laser used in corrective eye surgery, optometrists have developed a number of different procedures to clear up foggy or blurry batch in ones eye. In 1998, the Lasik surgery became the most common type of surgery, and remains the number one refractive eye surgery today. The surgery itself lasts no longer than 15 proceedings per eye, and begins with the doctor placing a number of eye numbing drops into the patients eyes to eliminate any possibilities of pain during the procedure. The first step in the procedure involves the cutting of a trouble in the cornea by a computer programmed device called a microkeratome. By cutting the flap, the surgeon is able to use tiny tweezers-like instruments to unpeel the sliced flap. With the flap peeled b ack from the cornea the laser is used to remove small pieces of the inner part of the cornea, but the laser has only a specified wavelength which does not allow it to pass through the cornea to any other portion of the eye. The flap is then repositioned without stitches and is secure after seconds of drying (Lasik Eye Surgery). Doctors claim that the surgery is so frequent because the patients vision is restored rapidly and there is little to no post- surgery pain. But while the number of patients receiving the procedure rises, so do the number of complications and patient complaints. Patients whose vision was successfully restored cite that the success of the operation is dependent on the view and skill of the surgeon, but many cases can be ... ...ped to assist with this problem, but currently over fifty percent of patients will experience poor night vision in the first month following their surgery, and of those, half will experience permanent night vision problems. http/ /archives.thedaily.washington.edu/2001/010901/N5.Lasereyesu.html http//www.kathygriffin.net/lasik.phpWorks CitedElliott, Louise. Laser eye surgery may damage night-vision long term. The Canadian Press. 17 July 2000. Canoe Network. 1 Nov. 2005. .Lasik Surgery. consequence Forest University Eye Center. 23 August 2005. Wake Forest University Baptist Medical Center. 1 Nov. 2005. http//www1.wfubmc.edu/lasik/LASIK+Eye+Surgery/.Lasik Eye Surgery. Center for Devices and Radiological Health. 9 manifest 2005. U.S. Food and Drug Administration. 1 Nov. 2005. http//www.fda.gov/cdrh/LASIK/risks.htm.

Ib Economics Comentary

IB ECONOMICS INTERNAL ASSESSMENT FRONT COVER drill code Luanda International School * Candidate Name Noel Castellanos * Candidate Number * Teacher Sebastian Sanogueira * Title of the article Chinas pretentiousness falls to 1. 8 per cent, giving capital of Red China more room to stimulate slowing economy * Source of the article Canadian Businesses http//www. netadianbusiness. com/article/94646china-s-inflation-falls-to-1-8-per-cent-giving-beijing-more-room-to-stimulate-slowing-economy (accessed on 27/08/2012) meet the article was published 09/08/2012 * Date the commentary was written 01/09/2012 * Word Count 774 * Section of the syllabus the article relates to Macroeconomics When talking about macroeconomics, two of the main goals of the government are to keep inflation low and constant and keep the economy growth superior and stable. Inflation bottom be define as a persistent, substantial rise in the general direct of surgery related to an augment in the volume of currency and resulting in the loss of value of currency and economic growth can be defined as a steady growth in the productive capacity of the economy.These two goals go hand on hand, as in many ways they depend on each other. The last few years China has experienced a high rate of inflation in general due to a 2. 4% rise in food prices, which has provoked a slowdown in the economic growth of the domain. This was caused because the aggregate supply of the country decreased. Aggregate supply is defined as the total supply of goods and services produced within an economy at a given overall price level in a given while period.The decrease of the aggregate supply caused a shift in the short run aggregate supply scent to the left, and consequently increased prices and decreased the real output of the economy, slowing the economic growth, as shown in the graph below. The decrease of the real output would probably sensation to higher unemployment rate, since companies would not have the same ability to pay all of the employees because companies are not making as much money, so cuts would have to be made. Unemployment rate is defined as the percentage of the work force that is unemployed.Chinese manufacturing barely grew in July. The reason for these was because the high prices eventually led to a decrease on the aggregate demand, as people would try to spend less and lighten more, shifting the aggregate demand to the left (AD AD1). Aggregate demand is define as the totalamountof goods and services demandedin the economy at a given overall price level and in a given time period. With a decrease in aggregate demand and aggregate supply, the real output would decrease even more, affecting the money spent in the bring about of the country. This is shown in the graph below.What China has been trying to do to increase the economic growth is to cut interest rates, and pump money into the economy through high spending on building low-cost housing and other public works. By c utting interest rates, people are more willing to strike money and spend it in the economy, increasing the economic growth of the country. In August inflation fell to 1. 8%, from a 2. 2% of the previous calendar month and even higher inflation rate the previous year. With the disgrace inflation rates, the government has more room to make cuts in the interest rates and tear other measures to increase the economy.The problem with this is that the decrease of the steady decrease of inflation can make China to enter in a period of deflation. Deflation can be defined as a general decline in prices. This can potentially be very dangerous for the economy. The reason being that because of the prices decreasing, consumers would save money expecting lower prices, decreasing aggregate demand, shifting the aggregate supply curve to the left (AD AD1) decreasing the average price level and the real output, which would execute to decrease in aggregate demand shifting the aggregate supply curv e to the left (SRAS SRAS1). This would create even more deflation and repeat the same process again, making worst and worst creating a downward spiral, as shown in the graph below. This would create very high unemployment, as companies? revenues and wages would get lower and lower, and economic growth would decrease even more. In many ways, and according to this evidence, deflation is a far worst eccentric than high inflation, since both have well-nigh the same effect, but deflation is more drastic.The decline of inflation is mainly due to a fall in commodity prices. So to avoid a case of deflation, the Chinese government needs to be very cautious about the economic growth of the economy, because the fastest the increase in the economic growth, the fastest the increase of the prices in commodity prices, making this way, a steady inflation rate in the economy. To keep the economic growth the government could spend more money in the infrastructure of the country, because this would make the consumers more confident on spending money.Also the government could try to decrease unemployment by creating job training programs and injecting money to companies, so that they employ more. And finally the government should cut interest rates as much as they can. Bibliography Saturday Sep 1. Investopedia a Educating the World about Finance. N. p. , n. d. Web. 01 Sept. 2012. lthttp//www. investopedia. com/gt. Dictionary. com. Dictionary. com, n. d. Web. 01 Sept. 2012. lthttp//dictionary. reference. com/gt.

Discuss Research Into The Breakdown Of Romantic Relationships

One piece of research into the partitioning of amative alliances is from Duck (1982). According to his phase model of the breakup of a relationship, it all begins with the partitioning of the relationship where there is dissatisfaction within the relationship. These dissatisfied partners whence begin to consider all the problems within the relationship, thinking mostly about the relational costs which develops a resentment for the relationship. This is known as the intra-psychic phase.Once a threshold of being unable to withstand the relationship anymore, the dissatisfied partner expresses their uncertainties about the relationship and so the dyadic phase has been reached and the couple result re-assess their goals, possibilities and commitment. If this is not successful, the social phase has been reached where the decision to leave the relationship is made and is publically discussed between deuce-ace parties. Next, self-justifications and version-makings of the breakup are o ffered, which is known as the grave-dressing phase.Finally, the individuals will attempt to recreate a sense of their own social values, by preparing for different types of future relationships and penetrative what they wish to get out of them, known as the resurrection process. The evolutionary prospect on relationship breakdown is another explanation into the breakdown of romantic relationships. Perilloux and snog (2008) have developed an explanation of why evolution might have shaped the demeanour of rejecters and rejectees differently. Their research is based on four main predictions.The root prediction is the costs related to emotional investment. In a relationship, women will consider the costs of losing the stability of a relationship whereas, if a male has broad(prenominal) emotional investment in a relationship, he is more likely to share his resources. However, if the relationship breaks down, the male whitethorn leave his children unsupported. This highlights the i mportance of a males resources to the female, who will experience higher costs associated with the loss of emotional investment from their male partner.The second prediction is increasing commitment as a response to the curse of a break up. A woman will value emotional commitment highly in mates, especially to ensure the survival of any offspring, so males threatened with relationship breakdown may employ strategies to exploit this, possibly increasing their commitment for example, by suggesting marriage. The third prediction is infidelity. This may be a deliberate attempt to break up a relationship with a relatively poor-quality mate, in order of battle to make way for a higher-quality mate.The final prediction is managing reputational damage where a rejecter may be perceived as being savage and heartless by peers, whereas the rejectee is frequently perceived as the victim. In order to prevent any reputational damage, the rejecters will be motivated to minimize any reputational damage and make efforts to be seen as reasonable and compassionate rather than cruel and heartless. A strength of Ducks phase model is that it is supported by observations of real life break-ups.Researchers Tashiro and Frazier (2003) surveyed undergraduates who had recently broken up with a romantic partner and they reported that they not only experienced emotional distress, but also personal growth. These students reported that breaking up with their partner had given them young insights into themselves and a clearer idea about future partners. Through grave-dressing and resurrection processes they were able to put the original relationship to rest and get on with their lives.However, a weakness of this charter is that Tashiro and Frazier surveyed undergraduates, meaning that they may not have been in a relationship for a long time so consequently would not experience the stages of breakdown as such because they are much younger so therefore may not take into consideration the l oss of costs so this therefore weakens the validity of their study. Another strength of Ducks phase model of breakdown is that the model stresses the importance of communication in relationship breakdown.Paying attention to the things that people say, the topics that they discuss and the ship canal in which they talk about their relationship offers both an insight into their stage and also suggests interventions eliminate to that stage. If the relationship was in the intra-psychic stage for example, repair might enquire re-establishing a liking for the partner, possibly by re-evaluating their behaviour in a more positive light. In the later stages, different strategies of repair are appropriate such as in the social phase, third parties may be able to help the partners patch up their differences.This highlights the positive implications of the model, and how it can help couples mitigate the relationship, despite reaching later stages. However, a weakness of Ducks phase model and research into rejecters and rejectees is that there are ethical issues within the breakdown research. When carrying out research in this sensitive area, it often raises issues of vulnerability, privacy and confidentiality. For example, a woman in an abusive relationship may fear recrimination from her abuser should he discover her participation in the research.Ultimately, the researcher faces a choice of protecting a participants safety or pursuing this valuable information. Therefore, it is problematical to measure the issues which led to the breakdown effectively. A limitation of the evolutionary perspective on relationships is that it is deterministic. The evolutionary perspective neglects personal choice and environmental influences, claiming that human behaviour is influenced by adaptations that developed in the Stone Age. This makes sense only if the environmental challenges remain static over evolutionary time.However, if the environment is dynamic rather than static, then t he only human that would be adaptive is one that is flexible and responsive in any social and physical environment they are in. In some environments, it may be adaptive for males and females to act in the ways suggested, but not in all. For example, nowadays, due to changes within our environment it has enabled women to be less aquiline on men for their resources. This therefore challenges the claim of these being universal human behaviours as it has ignored the dynamic nature of relationship breakdown.Another limitation of the evolutionary perspective on relationships is that is gender biased. Researcher Hollway (1989) argues that gender differences evident in the relationship behaviour of males and females reflect less the role of evolutionary forces and more the shared heathenish discourses of the different sexes. These discourses are patterns of thinking and communication that are common within one gender but not the other within a busy culture. For example, with the male se xual drive discourse, a man may be more likely to report greater infidelity.However, Holloway claims this is not because they are like that by nature, but because there is a cultural discourse that instructs him how to act on the basis of his sex. In the case of breakdowns, gender differences in how an individual reacts may be less determined by our adaptive biology and more to do with what males and females believe is the appropriate way to behave given that they are products of gender-specific socializing within that society. Overall, evolutionary explanations of sex differences in this area represent a gender-biased representation of how males and females behave during relationship break-ups.

Separation, Divorce & Annulment

SEPARATION, DIVORCE & ANNULMENT Introduction When two people argon in a relationship they ar usually in it forever. Unfortunately, it isnt always the uprightness of naturesuit and as you depart learn in this unit, in that respect ar m some(prenominal) things that could potentially be blamed for the dislocation of such(prenominal) relationships. This topic takes you into the world of divide which is neer an easy thing for any couple and if there are children involved (and there usually are) it makes the experience even worse. Some couples split amicably while for early(a)s the parting toilet drag on in what could seem like forever where the thrills and blame is often hurled from wizard companionship to an differentwise.In humannessy countries, there has been a shift towards no shimmy dissociate. A no fault disjoin is divide in which the annihilation of a wedding does not require fault of either political party to be delivern, or the unavoid sufficientness of any evidentiary proceedings to take place. So either party whitethorn request a divorcement despite the objections of the otherwise party. No fault divorce systems are where the faithfulness provides for only one ca enjoyment for divorce this is that the matrimony has broken down irretrievably (see example, s30(1) Family truth solve, Fiji).This does not necessarily base that both parties to the wedlock were equally blame little for the breakdown in the relationship barely it does recognise that both may brace contri notwithstandinged to that breakdown and that blame and accusation commode aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly negative for any children of the spousals, who, despite whatever the feelings of their parents, still need to suck a mother and father.While marriage remains an important cornerstone for the stability of society and tender ordering, t he law allows divorce and provides a framework both for that divorce and for the consequences of that change of status e fussyly as projects any children of the marriage and any property come tos which stand arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include i. fornication ii. defection iii. refusal to consummate iv. roughness v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to monetaryly fend the craveer viii. failure to fall out with a mandate for the restitution of conjugal rights ix. be of unsound mine x. documentation apart for five years from the terminationing with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully ref employ to consummate it, or the marriage was induced by fraud, duress or geological fault, the restore priming for divorce is tha t the marriage has broken down completely ( marital minutes mo Cap 21 (Tuvalu) voice 9).Evidence which may be accepted by the court to show that the marriage has broken down includes fornication, defection, cruelty, being of unsound mind or if, in the circumstances, it would be un agentable to expect one party to continue in the marriage. Whatever the yard, however, the court essential determine whether or not the marriage has completely broken down. A to a greater extent restrictive approach is taken by Nauru where the court must get down that the marriage has broken down irretrievably and it may only do so on one of four fuse.These strands are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These demesnes need to be proved or parties need to fulfil strict terminuss. The conditions relate to living apart, attendance at court distributively(prenominal) month for six months after presentation of the petition, coherent and spontaneous statements requesting the marriage to be dissolved and attempts by the court to promote reconciliation (married Causes second 1973 (Nauru) ss 10 and 12).Tonga prescribes eight married offences although, with consent, the parties may as well as divorce after two years of separation. realize s 3 disassociate answer Cap 29 (Tonga) There are only three founds for prodigality of marriage in Tokelau adultery, cruelty and three years of living apart ( dissever Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native split routine Cap 60 s 4). heretofore, the matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault base position by insisting on the blameless event of the petitioner and the fault of the responder. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to no fault divorce, although often one of the various matrimonial offences which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage for example, adultery by one of the spouses.However a variety of lesser fault may have led to the irretrievable breakdown of the marriage. What the court is looking for is distinguish of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same foot, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault.For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary versed intercourse with another psyche of the opposite sex during the subsistence of the marriage (Coffey v Coffey 1989 P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. hire s3 (1) (a) Divorce Act Cap 29 (Tonga) In Tuvalu adultery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down.READ s 9(a) Matrimonial wakeless proceeding Act Cap 21 (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standardised of proof is unclear. In Elisara v Elisara 1994 WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the corespondent half robed inside the matrimonial home as well as the respondents admission. Chief Justice Sapolu recited the facts as follows The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980.In the first quarter of 1993, the petitioner was under suspicion that her husband, the responden t, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretaire in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the wickednesss that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo.Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the hold fourth dimension you will see me again in this house and hence left.The petitioner? s sister alike testified that she saw the co-respondent half dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.?However, in Bhagmati & Another v Ishri Prasad 1974 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that Th e Court must have sufficient evidence before it to be fair satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere in the midst of the two?. READ THE CASE NOWProving adultery fire be nasty and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti 1993 TOSC 2 for an illustration of this. A fraudulent secret understanding surrounded by the parties collusion is excessively one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act Cap 29 (Tonga) Condonation or connivance may overly act as a bar to the relief sought by the petitioner, whilst forconditioness by the petitioner provides the respondent with a defending team in the marshal Islands, provided that the forgiving party is treated with conjugal kindness (26 MIRC 1 s17).See the Vanuatu case of Ilaisa v Ilaisa 1998 VUSC 16 where the question of condonation is considered. Adulterers must be coupled as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See pee Islands Matrimonial transactions Act 1963 (NZ) s 22 Samoa Divorce and Matrimonial Causes regularization 1961 s 11 Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act Cap 192 s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537.READ s 11 Divorce and Matrimonial Causes code, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act Cap 29 (Tonga) In some countries petitioners have a right to claim return against corespondents. See for example, Vanuatu, Solomon Isl ands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person.The sum of money of damages which may be claimed against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In cause Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern.In Tonga where the amount claimed is specified, the court found in Afa v Tali & Sika 1990 Tonga LR 185 that the maximum amount of damages should only be confronted where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship) and (b) Compensation for injury to feelings, honour and family life. Damages are mea positive(predicate)d as compensation and not to revenge or make an example of the Co-respondent.This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau 1991 TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages see Mamata v Akolo 2001 TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge bespoken law and respond to local social conditions.This matter origin ated in the Senior Magistrates Court where the petitioner gave evidence that universal meetings had been held with regard to the marital remainder. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondents husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had insulted the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent.The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, wa s submitted as being appropriate as compensation for the loss of the Husband (sic). On behalf of the petitioner it was submitted that section 17 (1) of the Act should be interpreted correspond to the intention of Parliament. That section states that A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. It was also contended that adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are dissentent from those of the United Kingdom.The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act ceiling 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quit e different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows only a petitioning husband to claim damages, the Vanuatu Act is not so limited.In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. The Senior Magistrate did not categorise the character reference of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. The matter then went on appeal to the Supreme Court of the Re universal of Vanuatu where Chief Justice Vaudin dImecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. READ Waiwo v Waiwo 1996 VUMC 1 and Banga v Waiwo 1996 VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTI ONSAdultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent has committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one consequent of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adultery, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12.Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference in law if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should a ny consideration be given to the fact that there are children born from the adulterous union? II. DesertionIn Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has completely broken down (Matrimonial Proceedings Act Tuvalu s 9(1) and broken down irretrievably(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion without reasonable cause (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau.READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act Cap 21 (Tuvalu) The applicable provisions in Kiribati, (Native Divorce canon s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act Cap 48 S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b) ) and Vanuatu ( Matrimonial Causes Act Cap 192 s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the phrase in the Kiribati and Solomon Islands legislation is without cause) for at least three years.In the arrive at Islands and Nauru the stoppage is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)) Marshall Islands (26 MIRC 1 s 15 (c)) Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act Cap 29 s 3(1)(c)). LW310 Family law 4. 13The Marshall Islands Act prescribes a finis of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the preventative is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion.Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes unable(predicate) of forming or having an intention to continue the desertion (Matrimonial Proceedings Act, 1963 (NZ) s 24)A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam 2002 SBHC 28. In the Fiji case of Kistamma v Sarojini 1977 23 FLR 8 6, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu 1994 FJHC 182 and compare Peck v Peck 1993 FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck 1993 FJHC 34 III. Failure to Consummate the MarriageThe issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage rescindable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)) Nauru (Matrimonial Causes Act 1973 s 22 (e)) Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)) Solomon Islands (The Islanders Divorce Act Cap 48 s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act Cap 192 s 2(1)(a)).In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidable (Matrimonial Causes Act Cap 51 s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act Cap 51 s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term voidable is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act Cap 21 s 8).LW310 Family law 4. 14 The Marshall Islands legislation provides that- A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)?In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act Cap 60 s 4(d)) whilst in Tonga the section is much wider and provides that if- the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable amiable or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act Cap 29 s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be persistent.A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong 1999 VUSC 41. See also the approach taken in the Marshall Islands where the guilt of either party toward the other of such cruel treatment, neglect or individualised indignities, whether or not amounting to physical cruelty, as to render the life of the other preventivesome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) is a ground for divorce.The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or a child of the applicant (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a habitual drunkard as well ((NZ) Matrimonial Proceedings Act, 1963 s 21 (e) (NZ) Niue Act 1966 s 534 (3)(d) Divo rce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi 1993 SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the first child of the parties. READ THE CASE NOW V. Criminal ConvictionsIn the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or dress hatiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h)Kiribati Matrimonial Causes Act 1950 (UK) s 1 Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islands The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimon ial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been convicted of rape or an unnatural offence (Matrimonial Causes Act Cap 192 s5).Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced.Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, sevener years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more see also Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga Th e Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions.In three of these, offences against a child of the parties are included Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f) Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the CookIslands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional sexuality roles in marriages, as illustrated by the Samoan provision which states that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient subject matter of support or habitually been guilty of cruelty toward her or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or dose addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1) (e) Niue, Niue Act 1966 (NZ) s 534(3) (d)).A wife must be similarly addicted and either habitually neglect her domestic duties and have been unfit to discharge them or be habit ually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982 Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year.The applicable section requires habitual intemperance in the use of intoxicating liquor or drugs (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcoholic beverage or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)).The similar provision in Marshall Islands targets the wilful neglect by the husband to provide suitable suppo rt for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family law 4. 7 Islands and Vanuatu the period is seven years (26 MIRC 1 s 29 Matrimonial Causes Act 1973 s 29 Matrimonial Causes Act (Cap 192) s13). The United Kingdom legislation applying in Kiribati and Solomon Islands also makes separate provision for a decree of presumption of death and dissolution of marriage after seven years of absence (Kiribati Matrimonial Causes Act 1950 (UK) s 16 Solomon Islands Matrimonial Causes Act 1950 (UK. ) s 16). IX. Unsound Mind or InsanityIn the Cook Islands a marriage is rendered voidable if at the time of the marriage either party was a mental defective (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (b)). Insanity, provided that it has existed for three or more years may provide grounds for divorce in one country (see Marshall Islands 26 MIRC 1 s15 (f)) but other jurisdictions refer to the unsound mind of the respondent to divorce proceedings. The length of time that a person has been of unsound mind, possibility of re dealy and proof of the condition are material.Some jurisdictions require that the respondent be under care and treatment continuously for five years prior to the presentation of the petition for divorce (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(l) Kiribati Native Divorce Ordinance Cap 60 s 4(e)Kiribati Matrimonial Causes Act 1950 (UK) s 1(d) Niue, Niue Act 1966 (NZ) s 534(3)(k) Samoa Divorce and Matrimonial Causes Ordinance (1961) s 7(f), (g) Solomon Islands The Islanders Divorce Act Cap 48 s 5 (1)(d) and Matrimonia l Causes Act 1950 (UK. s 1 (d) Tonga The Divorce Act, 1927 s 3 (1)(d) Vanuatu Matrimonial Causes Act Cap 192 s 5 (a)(iv)). Samoa extends its provision to cover the possibility of a confinement in another country (Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (g)). The Cook Islands, Niue and Samoa also cover the possibilities of respondents being of unsound mind intermittently and continuously for a number of years (Matrimonial Proceedings Act, 1963 (NZ) s 21(1) (j), (k) Niue Act 1966 (NZ) s 534(i) (j) Divorce and Matrimonial Causes Ordinance (1961) s7 (f) & (g)).Respondents must be either unlikely to recover (Cook Islands, Niue, Samoa, Tuvalu) or incurably of unsound mind (Kiribati, Solomon Islands, Tonga and Vanuatu). Reference may be made to applicable genial Health legislation (Kiribati, Niue, Samoa, Solomon Islands and Tuvalu). There is no reference to insanity or unsound minds in Nauru or Tokelau. READ s 7 Divorce and Matrimonial Causes Ordinance, 1961(Samoa) X. Marita l Breakdown Living Apart The legislation in Marshall Islands, Nauru and Tonga provides a catch all provision in identical terms traffic with the behaviour of the respondent generally.The provisions require that the petitioner cannot reasonably be LW310 Family law 4. 18 expected to live with the respondent because of that behaviour (Marshall Islands 26 MIRC 1 s 9(1) (a) Nauru Matrimonial Causes Act 1973 s 9(1) (a) (i) Tonga The Divorce Act, 1927 s 3 (1) (g)). The parties are treated as living apart in Nauru unless they are living with each other in the same household although they may live together for a period or periods not exceeding six months, in an attempt to reconcile, without prejudice.In wider terms, the Tuvalu Act allows parties to divorce on proof that the marriage has broken down where in the circumstances it would be unreasonable to expect one party to continue in the marriage relationship with the other. READ s 9(2) Matrimonial Proceedings Act, (Cap21)(Tuvalu) When a p arty asks for a divorce on the ground that petitioner and spouse are living apart, is this just another way of claiming that petitioner has been deserted or is this a different ground? Some answer to that question might be provided in the case of Ng Lam v Ng Lam from Samoa.READ the Ng Lam case now XI. mismatched Temperaments Kiribati is the only jurisdiction to allow divorce on the basis that the temperaments of the parties are incompatible (Native Divorce Ordinance Cap 60 s 4(j). This is a significant departure from other jurisdictions and is clearly a no fault ground for divorce. The closest comparison is the provision in Tuvalu relating to circumstances as described in the preceding paragraph. However in Fiji, incompatibility of temperament might be a cause of the irretrievable breakdown of the marriage.XII. Disease Whilst the contraction of disease may render a marriage voidable in most jurisdictions it can be used as a ground for divorce in others. Kiribati prescribes venereal disease as a ground for divorce if certified as such by a medical officer(Native Divorce Ordinance Cap 60 s 4(g)) whereas Tonga specifies affliction with an incurable disease capable of being transferred to the petitioner by contagion of infection (The Divorce Act Cap 29 s 3 (1) (d)).The Marshall Islands prescribes leprosy as a ground for divorce (26 MIRC 1 s 15(g)) XIII. Other Grounds The Marshall Islands lists neglect or personal indignities as grounds for divorce if this renders the life of the other party burdensome and intolerable and the married life unsupportable (26 MIRC 1 s 15(b)). Kiribati has the additional grounds of epilepsy (Native Divorce Ordinance Cap 60 s 4(f)) duress or mistake (s 4(h)) and parties indoors prohibited degrees of LW310 Family law 4. 9 consanguinity or affinity (s 4(i)) as grounds for divorce. Other jurisdictions categorise such issues as rendering a marriage void or voidable (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 7(1) (a) (ii) Niue Niue Act 1966(NZ) s 515). Similarly, the Tongan Act states that it is a ground for divorce if a respondent has a former spouse still living (s 3 (1)(b)), whereas this situation renders a marriage void in Cook Islands, Nauru, Solomon Islands, Samoa and Fiji.The Cook Islands and Niue provide that a husband can file for a divorce if without his consent his wife has been artificially inseminated with the semen of some man other than himself (Matrimonial Proceedings Act, 1963 (NZ) s 21(1)(b) and Niue Act 1966 (NZ) s 534(3)(b)). A marriage is rendered voidable in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d) and IN Vanuatu (Matrimonial Causes Act (Cap 192) s 2 (1) (d)) if a wife is pregnant at the time of her marriage by some person other than the petitioner.The Cook Islands takes this situation further by providing for dissolution where a woman other than the petitioner wife is pregnant by the respondent (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d)) 2. Cu s tomar y Di vor c e The divorce laws of the region are governed by written legislation much of it introduced under colonial administration and now therefore, quite out of date. Where marriages may be entered into according to custom then customary divorce applies. This occurs in Vanuatu and Solomon Islands. Customary divorce also has some problems.Consider the two cases below. Both are from Melanesia. In all other respects, the two cases are very different. As you read To? ofilu v Oimae, a case from Solomon Islands, and the Wagi Non case from Papua New Guinea, consider what differences, if any, there are between the customary law of divorce and the statutory law of divorce. Consider also the attitudes of the two judges towards custom. READ To? ofilu v Oimai now And, when you have finished that case READ Application of Wagi Non 3. RECOGNITION OF FOREIGN DIVORCE DECREESAs pacific people acquire greater mobility and come into contact with people of other nationalities and who are ab ode in other countries it is not unusual that marriages and divorces occur outside the region or in a different jurisdiction. It is therefore important to know what recognition is given by domestic law to these decrees. LW310 Family law 4. 20 In Nauru, the Recognition of Foreign Divorces, Legal Separations and Nullity of Marriages Act 1973 provides guidelines for judicial recognition of foreign orders or decrees. The following sections give the grounds for recognition and the exceptions from recognition respectively- . 4 (1) The validity of a foreign divorce, legal separation, annulment of marriage or firmness of invalidity of marriage shall be recognised if, at the date of the institution of the proceedings in the country in which it was obtained (a) either spouse was habitually occupant in that country, (b) either spouse was a national of that country or (c) the proceedings by means of which it was obtained were held in the exercise in that country of a jurisdiction similar to any jurisdiction conferred in the Family Court in respect of proceedings in Nauru by section 44 of the Matrimonial Causes Act 1973. 2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce, legal separation or nullity of marriage, paragraph (a) of the preceding section shall have the effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. (3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the preceding provisions of this section, except those relating to nationality, shall have effect as if each territory were a separate country. s. 9 (1) Recognition by lawfulness of this Act of the validity of a divorce, legal separation, annulment of marriage or declaration of invalidity of marriage obtained outside Nauru may be refused if, and only if (a) it was obtained by one spou se (i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or ii) without the other spouse having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given or (b) its recognition would manifestly be contrary to public policy. (2) Nothing in this Act shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce, legal separation or annulment or of any maintenance, custody or other ancillary order made in any such proceedings. LW310 Family law 4. 21 READ the following case Meleisea v Meleisea 1994 WSSC 24 Where legislation does not deal with the recognition of foreign decree, courts must have recourse to the common law. The case example above shows how this may occur in practice. It also highlights possible evidentiary problems when dealing with overseas decrees. 4. Divorce Marital Agreements, Collaborative Law, Mediation and Family Arbitration Litigation has for a long time been the traditional champaign for disputing parties within the Family Law.The financial and emotional cost of judicial proceeding in the Family Courts is an issue that has often prompted debate over the years. When parties engage themselves in long, drawn out disputes, the product line is not just felt financially, the children will often be victims, courts are clogged with an overflow of cases and the public will end up bearing the burden of resources spent. The time has come for courts to begin utilising different forms of resolution disputes within the courts and one such mechanism is arbitration or alternative dispute fortitude (ADR).Dispute resolution is not a new concept to the South Pacific as most societies are well-known(prenominal) with one form or anot her. Most Pacific societies are familiar with the ideas of alternative dispute resolution without necessarily being familiar with the term. As Vanuatu Chief Justice Lunabek informed a conference on conflict resolution held in Vila in 2000 ADR is not a new concept to Pacific Island jurisdictions and, in particular, to Vanuatu. It is, in fact, consistent with traditional methods of dispute resolution that predated the introduction of the formalised system of justice. The resolution of conflict is described as being deeply embedded in the culture in many societies, so that its structures remained unobtrusive.? (Graham Hassal, Alternative Dispute Resolution in Pacific Island Countries? 2005 9 (2) Journal of South Pacific Law) In jurisdictions that utilise ADR in the Family Court, there are different processes currently available and these include i. Counseling This can be likened to a word form of therapeutic process that is aimed at examining the underlying conflict between parties an d with the goal of assisting with reconciliation.Parties are encouraged to sort out their differences rather than opting to go to court. In Fiji, one of the key strategies in the Family Law Act to provide support to troubled families is to make available within the Family Court an on-site steering service. There is statutory requirement under s. 11 of the LW310 Family law 4. 22 Act for the Director of Counseling to advertise the existence and availability of the counseling and welfare facilities of the respective Family Division? and as far as practicable, to make those facilities available to those seeking such go.The Act provides for three different eccentric persons of counseling and these are marriage reconciliation, family and child counseling and financial and property conciliation. (See also the Family Protection Act, Vanuatu) Child counseling is an important component because the focus is on the parents coming to an agreement about issues pertaining to the child (ren) and this is done with the belief that the best judges of the childrens best interest are the parents and not the court. Section 50 and 51 of the Family Law Act, Fiji make provisions for child counseling.This is where a parenting plan may be drawn up by the parents. Some issues that the plan will address is where and with whom the child is to reside (focus will be on the effect of relocating a child from a familiar environment), the issue of contact between the child and the non-custodial parent and other persons, the maintenance of a child and any other aspect of parental responsibility towards the child. ii. dialogue (including round table conferences and collaborative law) This seems to be the most common form of dispute resolution in family law.The simplest example of negotiation is where separated parties have discussions with each other to determine if they can resolve some or all of their issues. This is very similar to counselling where parties may be focused on what type of pa renting arrangement they will agree to. Parties may choose to conduct negotiations on their own or if this proves too difficult then they may engage the services of their lawyers who will negotiate on their behalf. The latter form is now known as round table conference. A round table conference is one where parties and lawyers meet together, generally at one of the lawyers offices, to undertake settlement discussions. One or both lawyers will initiate the meeting. The conference can be used to resolve any type of legal issues, such as those about parenting and property and finances. Lawyers need to come to the meeting prepared with all relevant information, such as valuation of properties and superannuation entitlements, where there is property dispute. If a dispute is complex, a series of round table conferences may be needed.? Alexander Harland et al, Family Law Principles (1st ed. 2011) A more complex form of negotiation is known as collaborative law which aims to resolve matters without recourse to litigation. Parties who choose to participate in this type of negotiation must sign an agreement that commits each of them to the process and this agreement includes an undertaking that parties will not resort to litigation. If one party wishes to opt for litigation then the disputing parties lawyers must be changed as they had originally signed the agreement on litigation.This is one drawback of this option. Collaborative law may be appropriate where Parties in low conflict are motivated to work together with the assistance of their lawyers to resolve their dispute, without going to court Parties are committed to negotiating a settlement consequence Parties may have substantial assets, and then can involve their accountant and financial advisors in the negotiation process.? (Alexander Harland et al, Family Law Principles (1st ed. 2011) This form of negotiation first began in the United States and Canada and is today used in Australia. ii. Mediation Mediation is a process where a third gear party enters the dispute as a sort of referee and to facilitate the discussion between disputing parties. This third party may be someone from the community, the family court, a counsellor, and even lawyers. The Family Court of Fiji operates according to simple, appropriate and utile procedures, offers counseling and mediation support services. Mediation may be appropriate where Parties are able to negotiate with assistance and want to work towards settlements Both parties are able to negotiate during the process and are not prevented from doing so by an overwhelming power imbalance, due to family violence, mental health problems, cultural factors or other issues (or the process can be structured in an appropriate way for example, shuttle mediation in separate rooms and each party has a lawyer representative during the mediation).? (Alexander Harland et al, Family Law Principles (1st ed. 2011) iv. Conciliation This process is not one aimed at gett ing the parties back together.Rather it is designed to allow for the disputing parties to settle issues regarding the settlement of matrimonial property. The conciliator will be a qualified lawyer who will receive training in conciliation and alternative dispute resolution skills. They will discuss who will live in the matrimonial home or whether it should be sold whether payments are to made to the Bank for loans how much maintenance is to be paid for the children or the other spouse if relevant how income once going into one family will be shared between two homes their various financial commitments to the Bank or other debtors and any other financial matters.? Imrana Jalal (2009) in Narawa-Daurewa U, The Family Law Act of Fiji, 2003 A Brief Review of Provisions in the Act The Impact on the Family (with Emphasis on Women? s Access to Justice) (LLM thesis, University of the South Pacific, 2010) Again the idea of this type of service in the Family Courts is to ensure that parties ar e the best judges and should try to resolve the issues themselves rather than litigating. v. Arbitration Arbitration is again another means of trying to resolve disputes by means of a third party involvement.The difference between arbitration and mediation is that with the latter you always have the choice of backing out or not accepting the options being offered by the other party (spouse). In arbitration, although the arbitrator cannot grant a divorce, they do have power over how property distribution and custody and annoy issues are resolved. An upside to arbitration is that parties are able to keep matters out of court and private and it is also more cost effective. The downside is that for jurisdictions that offer arbitration processes in family law the order made by the arbitrator is not binding until registered in court.See for example, the Family Law Act of Australia. Conclusion Arbitration should be advanced as a desirable alternative to litigation. A revision of the famil y legislation in countries of the South Pacific is necessary at this time in light of the ever-increasing use of arbitration and the developments of the law in this area. Alternative dispute resolution is being used in other areas of law as a means of resolving disputes without litigating and so it begs the question, why is the family law being left behind? . Conc lus ion There are various models of divorce law evident in the USP region which can provide comparisons for reformers. Tuvalu, Kiribati, Nauru and Tuvalu have partial no fault systems and the remainder are largely fault based. Some, however, have retained the concept of matrimonial fault whilst allowing divorce after a relatively short period of separation. Those laws which focus on fault do so because this was the approach of colonial law prior to independence.This has also led, in two countries, to the application of different matrimonial laws to people in the same jurisdiction on the basis of race rather than relying on the domicile or residence of the petitioners. The legislation also reflects a time and culture when the roles of men and women were largely unquestioned and family life was designed for the procreation of children, the passing of inheritance to ones offspring and the restriction of sexual activity to the parties of the marriage exclusively. This is reflected most dramatically in some of the failure to maintain grounds.In Samoa, alcoholic husbands must be sure to financially support their wives or face the possibility of divorce while alcoholic wives must determine the nature of their domestic duties and carry them out without neglect. Niue and the Cook Islands alert husbands to the possibility of wives being artificially inseminated with semen which is not theirs, whilst husbands in the Cook Islands and Vanuatu may opt out of a marriage if their wives, at the time of marriage and without their knowledge, were pregnant by a person other than themselves. Wives in the Cook Islands al so have redress if their husband has fathered a

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Students Name Muhammad Iman bin Shafie Patt Faculty / Group Faculty of Architecture, cooking and Surveying / 5A Lecturers Name Associate Profesor Puan Noreha Taib Title THE POWER OF POSITIVE THINKING Order Topical Order General Purpose To aver Specific Purpose To inform my audience about the important of positive thinking in our life. Central Point A positive mind anticipates happiness, joy, wellness and a successful result. Introduction I. Did you know that, three letters pot determine your lifes direction? Its sounds interesting right?I besides impressed with the statement of an article. First time I read this statement I feel that I should improve myself starting today. II. I remembered the situation support year where I got a job interview with my friend. Two days before I went to the interview, my friend are not willinging to go because he believed that the other applicants were fall apart and to a greater extent qualified than him. His mind was filled with fears concer ning the job and he was sure he would be rejected. His overall behaviour made a bad impression, and consequently he materialized his fear and did not get the job but fortunately, I get the job.But how this kind of thing can be eliminate? Today I would talk to you about how to be a positive thinker, the characteristics of positive thinker and benefits of positive thinking. (Transition Lets start by facial expression the way to be a positive thinker. ) Body I. The way to be a positive thinker A. Motivate Yourself 1. Anytime, anyway and everywhere. 2. Being productive will help you build self-confidence and make you feel better about yourself. B. Leave the Past Behind 1. Remember past successes and leave past failures canful 2. When you way on your successes, you boast your self-confidence.When you focus on past failures you belittle yourself and make yourself feel inadequate C. Make Positive Thinking a substance abuse 1. Start each day and each new effort by reminding yourself how truly great you are 2. Taking the time every day to focus on all the positive things in your life (Transition I know you can do it because if you do so, you can have your own identity. Here I tell you. ) II. There are a few character that we shall know he / she is a positive thinker. A. Try to be an optimist mortal 1. A person disposed to take a favourable view of things. 2.There prefer to think before made a mind decision about something. 3. See the outstrip in things and expect a successful conclusion. B. People have a better health and always look happy 1. Practice a better life style and prefer to do something that give a benefits to them. 2. Have a better communication with people that create a harmony society. C. kind to stress and less prone to depression 1. Looks cool and steady in various condition. 2. Creative in problems solving. (Transition Now you know who is a negative or positive thinker, lets look at the benefits that positive thinker will get. ) III.A lot of b enefits if we practice positive thinking. A. Brings strength, energy and initiative. 1. Positive thinking brings more energy, more initiative and more happiness. 2. It makes you more relax and ability to make a good decision B. Clear thoughts produce clear results 1. If we practice to be a good and positive thinker, we will get what we had think 2. Chinese proverb The person who says it cannot be done should not interrupt the person doing it expiration I. As we have seen, there are important for us to practice the positive thinking in our lifestyle because there are benefits waiting for us.II. Fortunately, we can be a positive thinker by practice a simple way in our daily life. III. I can be a positive thinker and I believe you too. IV. Now I get the answer why I can get the job and I swear more lucky for me in the future.Bibliography Internet Sources Awaken The Wisdom And business office Within You. Quotes on Positive Thinking. (01 Okt, 2012) Retrieved 16 Okt 2012 from http//ww w. successconsciousness. com Awaken The Wisdom And Power Within You. The Power of Positive Thinking. (29 Sept, 2012) Retrieved 16 Okt 2012 from http//www. successconsciousness. com

Research on Atlas Honda

OXFORD BROOKES UNIVERSITY An analysis of the mo winnings profitary posture of ATLAS HONDA Ltd. Introduction The topic chosen by me for the research and analysis project is AN ANALYSIS OF THE FINANCIAL detail OF YOUR CHOICE OF ORGANISATION. The reason for choosing this topic is that I am in truth comfortable with monetary techniques and methods that ar used to carry out financial analysis. Financial courses cover in ACCA part 1 and 2 were of key chase to me.The organization selected for the financial analysis is ATLAS HONDA LIMITED being the commercialize leader in the motorcycle industry in Pakistan. The confederacy attracted me to be selected for the project because the caller is the leading keep comp any(prenominal) in the motorcycle industry with few un effected competitors. The company is a public limited company with an annual turnover of Rs6,977. 4 millions, which makes it a leading company of public sector in our country.As the project is cogitate with financial analysis of the company it is easier for me to apply the financial tools learned in ACCA. It is easier for me to examine the financial position of map collection Honda Ltd, as the management of the company is impulsive to provide me with fit financial data that will aid in carrying out a financial analysis. As this is public limited company learning related to the company is excessively getable by dint of different magazines, administration agencies, credit rating agencies (pacra), industry experts and websites. book of maps Honda Ltd is a company of book of maps group of companies. The first appearance of the Atlas chemical group was laid in 1962 with the establishment of Shirazi investment fundss (Pvt) Limited with a capital of half a million rupees and three men doing line of descent in trading sh bes and real estate. (www. atlasgrouppk. com) Atlas Honda Ltd was in incorporatedd as a public limited company on October 16, 1962 and its shares are listed on Karachi and L ahore Stock Exchanges in Pakistan. Atlas Honda Limited is a joint venture amid the Atlas Group and Honda Motor Co. , Japan.The merger of Panjdarya Limited and Atlas Autos Ltd created the company in 1991. The Atlas Group established both these motorcycle-manufacturing concerns. (www. atlasgrouppk. com) Atlas management is striving to modernize company ope symmetryns by adapting applicable aspects of research and theory and more specially, Hondas rummy philosophy of hard/soft technologies to the realities of Pakistani conditions. Company management structure, systems and processes are changed according to the demands of the client, growth and new technology. www. atlasgrouppk. com) Atlas Honda Ltd is a dynamic, net incomeable and growth orientated company through market leadership, maximizing export and morality in prime(prenominal) and service. The company ensures attractive returns to equity holders, reward employees according to their ability and performance. Atlas Honda Ltd fosters a net in suffer of researchers and engineers ensuing unique contribution to the development of the industry. The company ensures customer satisfaction and protection of the environment by producing emission friendly park products.The company aims to remain a good corporate citizen fulfilling its social responsibilities in all respects. Atlas Honda Ltd also received the best corporate musical theme excellence awards in the engineering sector by the joint committee of ICAP/ICMAP. (Annual Report 2003) The company quality is gaining greater acceptance globally yr after year the company takes it as a national cause to make MADE IN PAKISTAN accepted and Atlas Honda Ltd respected all the over world. An append of 52% in exports on year-to-year basis is an indication of the maturation popularity of the company products globally.Atlas Honda Ltd as being a market leader in motorcycle industry recognised the fact that excellence in argument is dependent on the quality of human r esource. As a result the company has continued to invest in development of its manpower over the years. The company has a well spread out service net fly the coop of antenna shops, service dealers and four strokes mechanics with a combined strength of well over five thousand service points all over the country which has successfully covered the needs of company costumers.The network of 5S (Sales, Service, Spare parts, Credit and Second Hand Exchange) dealers all over country has given Atlas Honda Ltd a competitive edge over other players of the self-propelled industry. Due to the greater customer care and after sales service the customers of Atlas Honda Ltd are more obliged and satisfied then with any of the other competitors. As e very market leader company Atlas Honda Ltd duly complies with the standards of safety health and environment (SHE). Sizeable capital expenditure was made by the company to install various equipments at assembling plants to minimize the risk of haphazard .The vision of Atlas Honda Ltd is to remain a leading group through impressive use of its resources, technology and good business practices attract and retain high quality people by developing them to their fullest potential al way of lifes keep the customer in their highest esteem and to give attractive returns to the share holders through a sustained growth of profit. (www. atlasgrouppk. com) The auto industry has been a major beneficiary of the big economic stability of the country. The unprecedented reduction in the cost of the funds has helped promote greater consumer financing for automotive products.Atlas Honda Ltd has taken some tough decisions in enhancing the total customer base as well as dealing with the menace of the unauthorized sector. The motorcycle market has under gone a austere change in the last year. Ninety percent of the market is dominated by established brands from the organized sector. The players in the organized sector consist of the handed-down Japane se manufacturers as well as a couple of Chinese assemblers and all are members of officially recognized Pakistan Automotive Manufacturers Association (PAMA). Annual circulate 2003) The aim of the report is to apply the tools learned in ACCA and to carry out practical work in a real time company. Through this report I will devour exposure to Pakistan industry that will help me in the development of skills acquired during my ACCA studies. The report also aims to critically view the financial statements in order visualize that adequate returns are available to shareholder, company is a going concern, company is generating sufficient profits, assets of the company are well managed and guarded by the management in the best interest of the share holders.I will also review that the best practices of management stewardship is carried out to ensure that the company is maintaining the best practices of corporate governance. The objective of the report is to carry out financial analysis of A tlas Honda Ltd for the year 2003. The financial analysis has been carried out by using financial techniques such as ratio analysis, trend analysis and vertical analysis on the data available in the annual report of the year 2003 of the company. INFORMATION conference Information gathering is the process through which processed and meaningful data is available to carry out the required task.Extensive amount of education is available through Internet, media, newspapers and other business magazines. These all sources of teaching these days make the process of learning gathering simple. There are two main source of information gathering through which information is ga on that pointd, first is my personal visits and run intoings with the different personnels in the company and secondly the financial statements available in the cable exchange on which the company is listed and also the data available through print media publicly.The information gathered depends on the reliability o f the source from which it is gathered. These both sources are reliable to gather authentic information. Information was also obtained from credit rating agencies such as (pacra) and industry experts. Some government agencies also hold information relating to companies such as Securities and Exchange Commission of Pakistan (SECP). The financial statements and print media information used for the report are for the full stop ended 2003,the broachers of Atlas Honda Ltd, financial and business news papers such as THE NEWS BUSINEES PAGE, DAWN BUSINESS PAGE.As Atlas Honda is a leading company in the motorcycle industry information relating to the company is also available through different business magazines such as the Gulf Economist. They are good source of reliable information, that too with a critical viewpoint about(predicate) the company. Information relating to Atlas Honda is also available through Internet by access to sight www. atlasgrouppk. com that makes it easier to be fam iliar with the company and direct access to the financial and other authentic information that helps in the effective completion of this research and analysis project.Published documents of Atlas Honda Ltd provides a reliable method of data collection through which sufficient financial data can be collected easily so that financial analysis can be conducted in a effective way. Interview is very effective means of gathering information, providing precise and accurate data. Interviews with the officials of Atlas Honda also provided quality information that helped me to have a sufficient knowledge about Atlas Honda, about its financial position, where it stands in the market, its new competitors in the motor cycle ndustry, its adequate returns to share holders, about its expansion of the business and its unique 5S(service) network that give Atlas Honda Ltd edge over its competitors. ANALYSIS The analysis stage of the report carries critical view of the financial statements to ensure t hat adequate returns are available to share holders, assets are properly utilized by the management and are depreciated as par the accounting policies of the company, the company is financially sound and that investors have confidence in the company. There are few un established competitors of Atlas Honda with little penetration in the market.The ratios are computed on the basis of audited financial data for the year 2003. PROFITABILITY The favourableness of any company is the key concern to the shareholders and to its employees and is also the symbol of market leadership for any company in the market. I have analyzed the profitability trend over the period of 8 years. The key ratios during the 8 years that demonstrate profitability are Profitability 2003 Gross Profit Ratio (%) Profit Before Tax (%) Profit After Tax (%) 14. 7 9. 3 6. 1 2002 13. 3 7. 1 4. 9 TABLE 1 2001 9. 7 4. 3 2. 5 2000 10. 4 3. 0 1. 1999 11. 6 5. 3 3. 6 1998 12. 4 5. 6 3. 7 1997 1996 11. 3 5. 4 3. 6 10. 9 5. 7 3. 3 There is a constant increase in the gross profit during the first 3 years 1996 to 1998 but the year 1999 had a slump causing a correct for the next 3 years up till 2001. After that colossal recovery has been made by the company with G. P Ratio from 9. 7 in 2001 to 14. 7 in 2003. Corresponding increase in cost and the kin between profits and cost reveal that the profit onwards tax was almost half (5. 7) to 10. 9 in the year 1996 and this relationship is maintained in 2003.On the other hand the operating profit have non shown a considerable growth in comparison to the tax rates as shown by the relationship between G. P ratio and profit after tax. In the year 1999 it was 1/3rd to the G. P ratio but has increased to come up with ? of the G. P ratio. This indicates that the company is trying to improve its profit by maintaining its cost but the increase in taxes has jeopardized the efforts and consequent increase in profit after tax has not been obtained. Returns to Shareholders The returns are of key interest to shareholders as they invest in the company that gives more returns than the other.Atlas Honda distributed 5% of its total wealth to its shareholders in the year 2003. The company proposed a immediate payment dividend of Rs. 7 per share. The return on capital employed, Earning per share (E. P. S), Price earning ratio, their trend can be seen below in the table. Returns to share holders 2003 roe Before Tax (%) 60. 5 2002 49. 8 TABLE 2 2001 31. 5 2000 17. 4 1999 32. 7 1998 39. 6 1997 48. 0 1996 61. 0 ROE After Tax (%) 39. 7 34. 1 18. 3 10. 3 22. 3 26. 1 31. 8 35. 0 Return on Capital Employed (%) 34. 2 29. 8 14. 7 7. 6 17. 3 18. 7 23. 4 28. Market Price 80. 00 40. 05 25. 00 19. 25 19. 25 30. 00 31. 00 27. 00 E. P. S After Tax Rs 20. 91 13. 24 8. 07 4. 12 8. 45 8. 60 9. 41 8. 41 Price Earning Ratio 3. 83 3. 03 3. 10 4. 67 2. 28 3. 49 3. 29 3. 21 pains Average . P. E Ratio 3. 21 3. 14 3. 52 3. 50 2. 14 3. 31 3. 27 3. 25 The Return on equity before tax ratio showed a downward trend and declined from 61% to 17. 4% in 2000,there by recovering to a satisfactory solve of 60. 5% in 2003. The ROE after tax declined from acceptable figure of 35% in 1996 to a dangerous level of 10. % in 2000 and reaching a satisfactory figure of 39. 7% in the year 2003. Earning per share is widely used to placard the performance of the company over a number of years. E. P. S of Atlas Honda started to decline after 1997 and declined to a poor figure of 4. 12,there by up streaming to the figure of 20. 91,compariably stronger than last year due to improved profits. Price Earning ratio shows fond(p) ups and downs through years not having significant variation except 1999 where it shows a downward trend, showing a healthy upward trend in 2000.This indicates that the investors have a strong confidence in the company abilities to maintain the earnings. Overall the P/E ratio of the company is above the industry average as indicated in table 2. The market price of the shares has grown rapidly and has become twice as compared to the last year, which indicates peoples confidence. Cash Flow situation The cash flow statement with the same importance as profit and loss account and balance sheet is used to emphasize the difference between profit and cash. Cash flows, including net present foster calculations, have always been a popular management tool.The situation of the company cash flow showed that net cash generation from operations increased to Rs. 724. 20 million as compared to Rs. 519. 34 million last years. Increased net income and customers advances created a positive impaction on the net cash provided by operations. win cash used in investing activities decreased to Rs. 67. 53 million compared to Rs. 150. 04 million last year. Net cash used in financing activities was Rs. 42. 33 million as compared to Rs. 121. 74 million last year. During the year Rs. 150 million long-term loans were acquired and Rs. 71. 11 million loans were re stipendiary.Cash and bank balance increased by 1. 5 times to Rs. 1, 021. 23 million this year Rs. 406. 88 million for the operating year 2002. Investment income increased to Rs. 38. 3 million from Rs. 32. 6 million of last year. Debt equity ratio was 1090. The equity of the company stood at over Rs. 1 one million million million including reserves of Rs. 872. 2 million, with cash surplus of Rs. 1. 02 billion, reflecting a sound financial position of the company. Asset turnover Assets are held by companies to utilize them in their business activities and generate profits in order the company to prosper.Assets are held and maintained by Atlas Honda in the course of their business activities and the company to meet their growing requirements also acquires new capital assets. Asset turnover ratios are computed for a period of eight years. Asset turnover (Times) Sales to bestow Assets Sales to primed(p) Assets 2003 2. 63 12. 39 2002 3. 02 10. 32 2001 3. 16 10. 44 2000 2. 28 6. 93 1 999 2. 80 9. 34 1998 2. 23 9. 02 1997 2. 89 13. 02 1996 2. 97 11. 42 Inventory perturbation 10. 34 9. 57 7. 46 6. 87 7. 39 6. 06 5. 41 5. 38Major portion of the total assets are topical assets, which not an admirable situation and the company is military posture increase in the opportunity cost of assets not invested by the company. In the other scenario the company have superfluous on-line(prenominal) assets to meet its current liabilities, which is appreciable. In the sale to fixed asset turnover there is a major acquisition in the year 2000 then in other years where there is normal acquisition during the course of business. This is indicted by the reduction of only 0. 99% in the sale of year 2000 from previous year where as there is a reduction of 2. 1 times in the sale to fixed asset turnover ratio. This acquisition by the company in the year 2000 was made to struggle with predict future growth. In other years the fixed asset turnover ratio is increasing due to increasing s ales and there is common acquisition of fixed assets. In the case of the inventory turnover ratio there is a constant increase in the figures over the years. The company in warehouses does not hold idle stocks thus reducing the stock holding cost. Demand based production is carried out by the company and there are no over purchases by the company.Solvency/Liquidity Solvency is the term used to determine that are the assets of the company surplus enough to pay its liabilities. This is a key measure of the financial reliability of a company and the key ratios that computes solvency are of key interest to investors. 2003 Current ratio (Times) 1. 47 2002 1. 38 2001 1. 48 2000 1. 46 1999 1. 64 1998 1. 31 1997 1. 21 1996 1. 10 Interest Cover Ratio (Times) 17. 17 11. 18 3. 65 2. 04 3. 18 2. 58 3. 95 3. 81 The intent of the current ratios is to determine that how many current assets are there to repay current liabilities on demand.The company holds surplus current assets. This is also discu ssed above in the Total Asset turnover that a major portion of the total assets is current assets showing a healthy prospect in terms of the company to meet its current liabilities. The company is showing an acceptable current ratio over the period indicating the companys capability to meet its liabilities. The interest cover ratio for the year 2002 and 2003 shows that the company is having added profits that allows the company to borrow more loans but the company is not utilizing this facility. This is also the reason the company is low geared.This also indicates financial soundness of the company in the market. If the company takes advantage of this facility it would be beneficial for the company and would facilitate the company in reducing its taxes, as interest expense is a tax allowable expense. The company has been obtaining loans in the rest of the period as indicated by the interest cover ratios of rest of the periods. Investments Investments are held by companies to have ad equate returns from their sales. Investments held by Atlas Honda in associates are proposed for sale and are stated at fair value.The investments held by the company are in listed and also some unlisted companies. Investments are counted as companys principal financial assets. Listed Atlas Battery Limited Associated undertaking NIL (2002 165,550 cut-and-dried shares of Rs. 10 Each includes bonus shares 25,550) 2003 (Rupees in 000s) 9,548 2002 Unlisted Arabian Sea Country Club (private) Limited 200,000 ordinary shares of Rs. 10 each Break-up value on the basis of audited Accounts for the year ended June 30, 2002 Rs. 6. 25 per share 2003 2002 (Rupees in 000s) 2,000 2,000 Automotive Testing and Training Center (private) Limited 187,500 ordinary shares of Rs. 0 each Break-up value on the basis of audited Accounts for the year ended June 30,2001 Rs. 5. 75 per share 1,875 1,875 The credit risk represents the accounting loss that would be recognized at the reporting take care if counter parties failed to perform as contracted. Out of the total financial assets, following amount of financial assets are subject to credit risk 1,118,907. The company believes that it is not exposed to major concentration of credit risk. To manage exposure to credit risk, the company applies credit limits to its customers. STAEMENT OF VALUE ADDITION 2003 WEALTH GENERATEDTotal Revenue Material & serve (excluding duties) 8,066,365 (5,219,313) __________ 2,847,052 __________ 6,382,219 (4,177,572) _________ 2,204,647 _________ 2002 100% 100% WEALTH DISTRIBUTED To Government Sales Tax, Income Tax, Import Duty & Workers Welfare Fund To Employees Salaries, benefits and related cost To Providers of Capital Dividend to shareholders Markup on borrowed funds well-kept with the business Depreciation Retained profit 89,645 284,345 _________ 2,847,052 _________ 3% 10% ______ 100% ______ 83,433 4% 143,058 20,487 5% 1% 122,621 19,913 5% 1% 346,762 12% 322414 15% 1,962,755 69% 1,508,389 68% 47,877 7% _________ ____ 2,204,647 100% _________ ____ As can be seen from the table above and the chart that a greater portion of wealth generated is distributed to the government. The company paid sales tax, income tax and custom duties amounting to Rs. 1. 96 billion during the year, which represents 69% of the total wealth generated. The companys contribution to the national economy by way of value addition this year amounts to Rs. 2. 85 billion, which is 29. 13% higher as compared to last year showing companys responsibility towards overall economy.This is also the reason that the company is unable to increase its profit after tax even though the company is maintaining its cost. This huge amount of tax payments has jeopardized the efforts made by the company. A good proportion of wealth generated is distributed to employees as salaries and benefits showing that the company is facilitating its employees and maintaining a healthy environment of working by offering benefits to them. WORKING uppercase The company has maintained a good working capital that shows the stewardship of the management in the use of financial resources in the operations.Company maintains a 51 to the current assets that is a working capital of Rs. 6, 671. 50 million, Showing good liquidity performance. Capital Structure The company shows a very low financial string (0. 165b 1b) but the timing of the repayment cash flows is a cause of concern, as 50million out of a total of 166million has to be repaid during the next 12 months. As the net increase in cash and cash equivalent is 614million it would not be a major cause of concern but shows the companys picture and dependence on maintaining very high liquid assets.This indicates that the company is in a desperate need to maintain its profits and to increase them. The period where the company is unable to make any profit the company will be in a critical situation beyond its accepting power. Presentation of Findings The hit the books analysis i s used as a technique to identify the strengths and weaknesses in the company and the opportunities and threats outside faced by the company. A SWOT analysis of Atlas Honda Limited would be a significant appraisal of the companys position in the automotive industry.Strengths Market leader Advance cash gain from dealers hence additional cash available for investment. Customer satisfaction. Trained technical staff. Atlas Group patronage. Sound financial standing in the market. Weakness No customer support in rural areas. Burden of taxes by the Government. Opportunities Opportunities for new technologies. Development of latest IT infrastructure. Effective media promotion. No threat of established competitor. Threats Threat of new entrants.Unestablished Competitors imitating the models of motorcycles at low price. Demands for low priced motorcycles. The strengths of the company are the key to triumph and the company should seize advantage from its opportunities and should devise such that its opportunities should be part of its strengths. Atlas Honda has been able to prolifically make its way through the heavy burden of taxes this year but its my anticipation that the burden of taxes will increase further, to counter this the company should plan a head.Atlas Honda is having a sound financial standing in the market and had attained customer satisfaction by quality products and after sales customer service. Customers are drawn in due to quality and services provided by the company, which the company should sustain and enhance, by making available price controlled motorcycles. Company has developed latest IT infrastructure to make good use of IT in manufacturing using computer techniques such as CAD (computer aid design) and CAM (computer aided manufacturing) thus enhancing costs.The edifying aspect of the report has been the findings that Atlas Honda is a financially sound company with market penetration and strong customer base. closedown The essen ce of the research and analysis report was to carry out a comprehensive financial analysis of Atlas Honda Ltd. The core objective of the report was to see that ample returns are available to share holders, the company is generating sufficient profits, and the financial situation of the company is sound and investors have confidence in the company and its financial position.In my surveillance over all the company has maintained a good level of profit even after an amplified amount of tax over the period of time. This has caused an increase in Earning per share of the company and eventually the market value of the company, which is avowed at 700% premium (Market value Rs. 80 per nominal value of Rs. 10 per share). The investors have confidence, which is reflected in the Price Earning Ratio of the company, which the company has maintained over the period of 8 years.The overall enhancement in the level of operations and market demand indicates that the company is moving on the right tr ack even after facing rigid rivalry from its competitors. Atlas Honda has maintained a very low level of gearing and so far is unable to acquire market loans, which indicates low level of financial risk the company is exposed to. On the other hand this can hamper the potential available in the market by scarcity of the funds in the company when investment mode is good and market demands is high.In the Automotive industry Atlas Honda is still a market leader as far as the wealth distribution to the government is concerned. In the statement of value addition it is indicated that 69% of the companys wealth had been distributed to the government as sales tax, income tax, import duty and workers welfare fund. sequent to the distribution the company has maintained sufficient levels of profit to distribute to the shareholders in the form of dividends. The company has continued to improve the net generation of cash and cash equivalents during the year causing the company to increase its c ash resources.Positive inflow of cash from operations is a signal of companys ability to improve the liquidity position of the company on a continuous basis. This is the main reason the liquidity situation of the company is very good. The analysis shows that the company is making head well in terms of profitability, liquidity but as far as the capital structure of the company is concerned it is still at very low level of gearing thus hampering the opportunities available in the market and without accomplishmenting the internal strengths available in the company.A high level of profits, good liquidity and sufficient working capital indicates that the financial situation of the company has improved over the period of time and is still improving. On the basis of the research and analysis work carried out I foresee that Atlas Honda will be more profitable over the period of time and will be able to exploit the opportunities available in the market. In my viewpoint Atlas Honda will rema in to be the market leader for the coming years too. The company will also prove arduous to compete by new entrants in the industry.