Fraud by Silence


Does a party to contract have a duty to disclose to the other party all the material fact he or she knows about the subject of the contract? The original common law position on this issue was caveat emptor (let the buyer beware). The seller could remain silent without fear of being found guilty of fraud. Only actual statements by the seller could serve as a basis for fraud. The duty therefore was placed on buyers to ask the right questions of the seller, forcing the seller to make statements about the subject of the sale.

Many courts today, however, recognize that caveat emptor often produced unfair results. Some buyers simply do not know enough to ask the right questions about the subject of the sale, so many courts are recognizing a limited duty to disclose material facts on the part of the seller. Generally this duty is limited to material facts that the buyer could not have discovered by reasonable inspection of the subject of the sale.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

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A Socially Responsive Company


Executive leaders of largest corporations have been confronted with an unprecedented increase in the social issues impinging upon their business policies and practices. Not only have a variety of social regulations have been developed that apply universally to all industries, but each industry has also experienced to varying degrees a proliferation of industry-specific challenges for the corporate social environment.

In response to the pressures, businesses have increased their efforts to manage for corporate social environment. The social environment encompasses business activities influenced by various community and government groups. Many chief executives spend more time on the external affairs of the business than any other activity. Most executives allocate significant personnel, time, and budget to the creation of elaborate staff groups to help them understand and manage this environment and its challenges.

Some firms may be more vulnerable to social group pressure and social regulation than others. A number of factors have been identified as contributing to this vulnerability. A firm may be more vulnerable to social forces if the firm is:

  • A large-sized or well-known company thus presenting a big target.
  • Located in an urban area and under increased scrutiny by the media and social groups.
  • Producing a consumer-oriented product viewed as a necessity by the public.
  • Providing a product or service that may cause harm or injury to the user.
  • Part of a heavily regulated industry that is expected to meet high public expectations.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Group Decision-Making


The person leading the discussion can have a big effect on whether the group’s decision is useful. If a chairperson monopolizes and continually shoots down others’ ideas while pushing his or her own, it’s likely that other points of view will go unexpressed.

An effective discussion leader has responsibility to do the following:

  1. See that all group members participate. As discussion leader, it is your responsibility to ensure that all group members participate and have an opportunity to express their opinions. Doing so can help ensure that different points of view emerge and that everyone takes ownership of the final decision.
  2. Distinguish between idea getting and idea evaluation. Evaluating and criticizing proposed solutions and ideas actually inhibit the process of getting  or generating new ideas. Yet in most group discussions, one person presents an alternative, and others begin immediately discussing its pros and cons. As a result, group members quickly become apprehensive about suggesting new ideas. Distinguishing between the idea getting and idea evaluation stages—in particular, forbidding criticism of an idea until all ideas have been presented—can be useful here.
  3. Not respond to each participant or dominate the discussion. Remember that the discussion leader’s main responsibility is to elicit ideas from the group, not to supply them. As a discussion leader, you should therefore work hard to facilitate free expression of ideas and avoid dominating the discussion.
  4. See that the effort is directed toward overcoming surmountable obstacles. In other words, focus on solving the problem rather than on discussing historical events that cannot be changed. Some groups make the mistake of becoming embroiled in discussion about who is to blame for the problem or what should have been done to avoid the problem. Such discussions can’t lead to solutions because the past can’t be changed. As a discussion leader, your job is to ensure that the group focuses on obstacles that can be overcome and solutions that can be implemented.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Cardinal versus Ordinal


What do we mean when we say that a variable is “quantitatively measurable”?We do not necessarily mean that there is only a single way of measuring or scaling it. Temperature is certainly quantitatively measurable, but there are alternative ways of doing so. For example, 320 Fahrenheit is 00 Celsius, and each degree up or down of Celsius corresponds to 1.8 degrees up or down of Fahrenheit. The two scales differ, but only in zero point and unit interval. Similarly, altitude could be measured from sea level or from the center of the earth (shift of zero point) and in feet or meters (shift of unit interval). Both temperature and altitude are more technically called cardinal magnitudes, variables which have the following property: that, regardless of shift of zero-point and unit interval, the relative magnitudes of differences remain the same. In case of altitude, for example, there’s a bigger difference between the heights of the base and crest of Mount Everest than between the ground floor and roof of even the tallest building. This remains true whether we scale altitude in feet or meters or whether we measure it from sea level or from the center of the earth. If people can state that they prefer two million to one million—but not by how much—their utility is said to be an “ordinal” magnitude. Put another way, if Total Utility is an ordinal magnitude we cannot say anything about the  size of Marginal Utility but we can still say whether Marginal Utility is positive or negative.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Property Disparagement


Although firms may compete in the marketplace, they may not spread false information about the products of other firms. This tort is called trade libel. For example, it is trade libel for one manufacturer of automobile wax to state publicly that a competitor’s wax injures automobile paint if the claim is not true. To prove damages, the plaintiff must show that a third party actually refrained from doing business with the plaintiff because of the false information that was spread by the defendant.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Degrees of Uncertainty


Statistical decision theory is based on the idea that a manager may face three degrees of uncertainty in making a decision. Some decisions are made under conditions of certainty. Here, the manager knows in advance the outcome of decision. At the opposite extreme, some decisions are made under conditions of uncertainty. Here, the manager cannot even assign probabilities to the likelihood of the various outcomes. Conditions of complete uncertainty are also relatively infrequent. Most management decisions are made under conditions of risk. Under conditions of risk, the manager can at least assign probabilities to each outcome. In other words, the manager knows (either from past experience or by making an educated guess) the chance that each possible outcome will occur.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Locus of Control


Locus of control is the extent to which a person believes that his or her behavior has a direct impact on the consequences of that behavior. Some people believe they can control what happens to them—that if they work hard, for instance, they will be successful. These people, called internals, have what is termed an internal locus of control. Externals, or people with an external locus of control, tend to think that what happens to them is determined by fate or luck. They see little or no connection between their behavior and subsequent events. Like attribution theory concepts, locus of control concepts focuses on people’s interpretations of what happens to them.

Locus of control concepts has some significant managerial implications. Internals are likely to want a voice in how they perform their jobs because they believe that what happens to them will depend on how well they control their environment. Externals, in contrast, may be less inclined to participate in decision making.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

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