Karnavati University | Established 2017 | karnavatiuniveristy.edu.in | Uvarsad | August 2020 | Vol: 34 COMPETE Plus Photo Credit : Aashka Raichand, Student, UWSB COMPETE Plus 01 “BANITIZER”: A COLLECTIVE DESIGN - By Akshay Jain, Soham Mundada, Darshika Kantaria, Sparsh Tejwani, Kashif Khan, 2nd year, UID Interior Design+ Product Design +Animation & Concept Note: Motion Graphics, UID Safe behavior and social distancing is the only With the COVID-19 pandemic, students of way to be safe while working outside in a Product Design, Interior Design and Animation & pandemic like Covid-19. Motion Graphics, came together in participating in a competition by World Design Organization Challenge statement: (WDO). The competition was for: COVID-19 Safe behavior and social distancing Design Challenge: “How might we enable people to #StepOut Safely?” Concept Design: Akshay Jain BANITIZER is designed to different variants The main objective was to prevent the spread of depending on the usage. COVID-19. The idea was to generate a quick 1. For holding of sanitizer solution, which can be plausibly implemented 2. Alarming to keep for social distancing within a short duration, as the virus has fast 3. Keeping a track of any change in your dispersion rate. body health which needs a cautious alarm. The team comprised of 2nd year UID students- The device can be manufactured with a Akshay Jain, Product Design, Soham Mundada, thermosetting polymer like silicone. Animation & Motion Graphics, Sparsh Tejwani, Darshika Kantaria and Kashif Khan from Interior Exploded view of Banitizer Soham Mundada Design. This was only a 05 day exercise in which the students were mentored by Prof. Kishori Dalwadi. The work was shared with 05 panelists associated with the WDO, on 18th April 2020. The concept of a Banitizer was explored by these 05 inspiring students. It is a wearabe device for the wrist, very similar to a wrist watch. Darshika Kantaria Top view of the Banitizer indicators Sparsh Tejwani The Banitizer Kashif Khan COMPETE Plus 02 CORONAVIRUS PANDEMIC: AN ACT OF GOD? - By Ashmi P.S, Sem 3, BBA LLB, UWSL Initially when a virus outbreak in China’s Wuhan “An event or effect that can be neither Nature of evidence of Force Majeure is on the province was detected, it was announced that anticipated nor controlled’’ (Black, Force basis of I) Documents relating to travel itinerary this virus cannot transmit from human to human Majeure, 1990) .Recalling the case, Lebeaupin v prepared prior to the incident which was contact. However, its transition from an epidemic Crispin [1920] 2 K.B. 714, 718. Here, the judge hindered by the unforeseen incident , ii)News to wreaking havoc halfway across the globe to Mccardie refused the seller’s claim for applying article on COVID iii) Notification of government the US, Iran, and The Middle East compelled the Force Majeure as mentioned under the terms of having ensured Force Majeure as a reliable WHO to declare COVID-19 as a pandemic. The the contracts each with different canneries clause and other related restrictions and rest we know is history – there were lockdowns subjecting the breach of contract under the FM advisories enforced by the government such as , declared in many countries ultimately bringing to clause if the term specifies the exception(strikes , on 10 February 2020 Ministry of Finance halt the flow of many contractual agreements, lockouts and any other interruptions out of the addresses the supple chains disrupted by the which left the parties involved in with no choice canner’s or shipper’s will be subjected to Force COVID19 which it has identifies as a natural but to rely on “Act of god “as a defence, to Majeure, and clearly it was the seller’s mistake as calamity , be considered under Force Majeure compensate or cover for their business the tins were defective and the contract was and apply the clause wherever necessary. operations pending. Act of god mainly implies to unfulfilled due to that sole reason , had they incidents occurred without human intervention been tad bit heedful to the quality of the tins they In case the terms of the contract haven’t which is totally out of human control with proper wouldn’t have had to pay the buyer his mentioned anything about Force Majeure clause preventive measures like; Tsunami, floods etc… compensation of 12,500 dollars. then ‘Doctrine of Frustration’ under Section 56 courts in different jurisdictions apply act of god of the Indian Contract Act, 1872 come into force. concept differently, whereas under any Considering all the information at hand the Nevertheless, the counterparts rely on the circumstance this chain is disrupted by the courts may look at the conduct of the parties excuse of Impossibility and impracticability of intervention of third party may lead to the that seeks for the plea of Force Majeure for performance. This is when the contract cannot defence being entirely stripped off of the party’s negating its contractual obligations. If the clause physically be performed even after having the claims. Act of god appears regularly within is enshrined in the terms of any contract then the will for it and performing the same would be not contracts but is not something defined under parties can enforce the same, but burden of feasible given the circumstances. Considering statute. Black law’s Dictionary describes Act of proof rests on the party who invokes the clause. two scenarios, where the impact of the contract god concept as – “comprehend all misfortunes Aforementioned clause is discharged if, explicitly falls heavily on one of the parties (impossibility) and accidents arising from inevitable necessity even the terms have epidemics and pandemics or subject matter dies and become meaningless which human prudence could not foresee or mentioned in it.Although typically a Force as in case the event extends a reasonable prevent’’ (Placeholder1) (Black, Act oF God, Majeure clause includes only riots, earthquakes, amount of time (impracticability). 1990), Although parties won’t be excused from strikes or any other activity from a third party performance, if the incident was a foreseeable impeding the function of the contract of risk at the time of execution ,as any agreement to particular parties. perform an impossible act is considered void. Force Majeure is typically a clause of Act of god which can also be taken into consideration in cases of contracts being intervened by an unforeseeable ‘superior force’. This covers mainly catastrophes, strikes, civil wars and in some rare cases epidemics and pandemics. Force Majeure finds its roots from French civil code or Code Napoleon, it excuses the parties from performing their part of contract. Intention is to save the performing parties from any consequences from anything over which he has no control of. Force Majeure mainly asks for the suspension or extension of the obligation. In cases where the performance of contract was unavoidable yet termination or extension of the contract is inevitable and essential as an unanticipated incident occurred against the possibilities of embarking or carrying on with the contract to its fulfilment and it does not include negligence or wrongdoing which specifically excluded by the clause. Black law’s dictionary defines Force Majeure as, COMPETE Plus 03 Conspiracies spiralling over China: How the entire world is under forced lockdown It is also believed with proof of videos and whereas China seems to be on a strong footing reports that the Chinese hid the coronavirus The growing speculation around the globe is that with functioning stock market when the world facts from the USA and the world till the China kept the original nature of the corona virus market is crashing. US-China trade deal was signed. Above all, to themselves trying to helm the real impact it China’s 5G connections are also dubitable for could have if curbing the same goes out of Many sceptics have a hard time believing China’s questioning that why China turned on some of its control, such as human to human transmission wet markets are a probable and more realistic 5G networks. To speak about speculations China of the virus. They hid the necessary facts even cause for the spread of the virus. Both the 2003 can figuratively drown itself in them. after being acknowledged by Dr. Li Wen Liang SARS (Severe Acute Respiratory Syndrome) about the same. It is in conjecture whether Dr. Li epidemic and the current one can be traced to Considering the aforesaid information about the was silenced or died, from whistle blowing the China’s “wet markets”. Until late December 2019, virus that wreaked havoc and continue to do so information and blowing the Chinese everyone affected by the virus had some link to in an alarming rate seems to hinder not only the government’s cover , China’s many telecom and Wuhan’s Huanan Market. Keeping animals in a normal lifestyle of the people but also contracts landline connections lost even after China seeing closed space for prolonged proximity may have and span of businesses, while some can be incredible growth on the telecom industry. This enabled the rapid mutation to happen. More amiably solved and sorted, others are highly lack of transparency from China’s part left the precisely, in such an environment, a coronavirus under pressure of this formidable force and entire globe suffering from a contagious disease long present in some animals underwent demand litigation. Whether China is the culprit without a cure. US, Iran and Europe are the most mutation forcing it to change from nonhuman behind the spread of the virus is an indubitable affected. How the virus travelled such huge host to nonhuman host, and ultimately gained and highly ambiguous question. Whereas, the distance yet didn’t permeate much parts far the ability to adapt to the human host.