Mistake

The term mistake is used in contract law to describe the situation in which one or both of the parties to an agreement acted under an untrue belief about the existence or nonexistence of a material fact. In mistake cases, unlike fraud and misrepresentation cases where the victim is also acting under a mistaken belief about the facts, the mistaken belief about the facts is not the product of a misstatement by the other party. Mistaken in this sense does not include errors of judgment, ignorance, or a party’s mistaken belief that he or she will be able to fulfill certain obligations under a contract. The things that were said about materiality and fact in the law misrepresentation hold true in mistake cases.

In deciding mistake cases, courts often seem to be trying more obviously to do justice than in other kinds of cases. This is why decisions in mistake cases sometimes seem to depart from the announced rules of law dealing with mistake.

Mistake cases are classified as mutual or unilateral, depending on whether both or only one of the parties was acting under a mistaken belief about a material fact. Mutual mistake is always a basis for granting rescission of the contract at the request of either party. Clearly, no meeting of the minds took place and therefore no true contract was ever formed.

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.

The Creative Selling Process

Although it may look easy, creative selling is not a simple task. Of course, some sales are made in a matter of minutes. But others, particularly for large organizational purchase, can take years to complete. Salespeople should follow a carefully planned process from start to finish.

Step 1: Prospecting: Prospecting is the process of finding and qualifying potential customers. This involves three activities:

• Generating sales leads. Sales leads are names of individuals and organizations that might be likely prospects for the company’s products.
• Identifying prospects. A prospect is a potential customer who indicates a need or a desire for the seller’s product.
• Qualifying prospects. Not all prospects are worth investing sales time in. some may not have the authority to buy, and others won’t have enough money. The ones who do have both the authority and the available money are called qualified prospects.

Step 2: Preparing: With a list of hot prospects in hand, the salesperson’s next step is to prepare for the sales call. Without this preparation, the chances of success are greatly reduced. Preparation starts with creating a prospect profile, which includes the names of key people, their role in the decision-making process, and other relevant information such as the prospect’s buying needs, motive for buying, current suppliers, income/revenue level, and so on.

Next, the salesperson decides how to approach the prospect. Possible options for a first contact include sending a letter or cold calling in person or by telephone. For an existing customer, the salesperson can either drop by unannounced or call ahead for an appointment, which is generally preferred.

Before meeting with the prospect, the salesperson establishes specific objectives to achieve during the sales call. Depending on the situation, objectives can range anywhere from “getting the order today” to simply “convincing prospects top accept the company as a potential supplier.” Following that, the salesperson prepares the actual presentation, which can be as basic as a list of points to discuss or as elaborate as a product demonstration or multimedia presentation.

Step 3: Approaching the Prospect: Positive first impressions result from three elements. The first is an appropriate appearance—you wouldn’t wear blue jeans to call on a banker, and you probably wouldn’t wear a business suit to call on a farmer. Appearance also covers the things that represent you, including business cards, letters, and automobiles. Second, a salesperson’s attitude and behavior can make or break a sale. A salesperson should come across as professional, courteous, and considerate. Third, a salesperson’s opening lines should include a brief greeting and introduction, followed by a few carefully chosen words that get the prospect’s attention and generate interest. The best way to accomplish this is to focus on a benefit to the customer rather than on the product itself.

Step 4: Making the Presentation: the most critical step in the selling process is the presentation. It can take many forms, but its purpose never varies: to personally communicate a product message that will convince a prospect to buy. Most sellers use of two methods: The canned approach is a memorized presentation (easier for inexperienced sellers, but inefficient for complex products or for sellers who don’t know customer’s needs). The need satisfaction approach (now used by most professionals) identifies the customer’s needs and creates a presentation to specifically address them.

Step 5: Handling Objections: No matter how well a presentation is delivered, it doesn’t always conclude with an immediate offer that might move the prospect to buy. Often, the prospect will express various types of objections and concerns throughout the presentation. In fact, the absence of objections is often an indication that the prospect is not very interested in what the salesperson is selling. Many successful salespeople look at objections as a sign of the prospect’s interest and as an opportunity to develop new ideas that will strengthen future presentations.

Three basic approaches to overcoming objections include asking the prospect a question, giving a response to the objection, or telling the prospect that you will need to look into the matter and address it later.

Step 6: Closing: So far, you haven’t made a dime. You may have spent weeks or months—years in some cases—to bring the customer to this point, but you don’t make any money until the prospect decides to buy. This stage of the selling process, when you persuade the customer to place an order, is referred to as closing.

How should you ask for the order? Closing techniques are numerous; here are some of the more popular. The alternative proposal close asks the prospect to assumptive close, you simply proceed with processing the order, assuming that the prospect has already decided to buy. Another alternative is the silent close, in which you finish your presentation and sit quietly, waiting for the customer to respond with his or her buying decision. Finally, many salespeople prefer the direct close, where you just come right out and ask for the order.

These closing techniques might strike you as tricks, and in the hands of unethical salespeople, some closing approaches certainly can be. But the professional salesperson uses these techniques to make the selling process effective and efficient—not to trick people into buying when they aren’t ready.

Step 7: Following Up: Most salespeople depend on repeat sales, so it is important that they follow up on all sales and not ignore the customer once the first sale is made. During this follow-up stage of the selling process, you need to make sure that the product has been delivered properly and that the customer is satisfied. Inexperienced salespeople may avoid the follow-up stage because they fear facing an unhappy customer. However, an important part of a salesperson’s job is to ensure customer satisfaction and to build goodwill.

In order to improve the odds of keeping a satisfied customer after the sale, salespeople should remember to:

• Handle complaints promptly and pleasantly
• Maintain contact with customers
• Keep serving the customers
• Show appreciation.

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.

Sole Proprietorships

Sole proprietorships, businesses owned and operated by one individual, are the most common form of business organization. Sole proprietorships are generally managed by their owners. Because of this simple management structure, the owner/manager can make decisions quickly. This is just one of many advantages of the sole proprietorship form of business.

Ease and Cost of Formation: Forming a sole proprietorship in relatively easy and inexpensive. In some countries, creating a sole proprietorship involves merely announcing the new business in the local newspaper. Other proprietorships, such as barber shops and restaurants, may require state and local licenses and permits because of the nature of the business. No lawyer is needed to create such enterprises, and the owner can usually take care of the required paperwork.

An entrepreneur starting a new sole proprietorship must find a suitable site from which to operate the business. Some sole proprietors look no farther than their garage or a spare bedroom that they can convert into a workshop or office. Computers, personal copiers, fax machines, and other high-tech gadgets have been a boon for home-based businesses, permitting them to interact quickly with customers, suppliers, and others. Many independent salespersons and contractors can perform their work using a notebook computer as they travel. E-mail and cell phones have made it possible for many proprietorships to develop in the service area.

Secrecy: Sole proprietorships make possible the greatest degree of secrecy. The proprietor, unlike the owners of a partnership or corporation, does not have to discuss publicly his or her operating plans, minimizing the possibility that competitors can obtain trade secrets. Financial reports need not be disclosed.

Distribution and Use of Profits: All profits from a sole proprietorship belong exclusively to the owner. He or she does not have to share them with any partners or stockholders. The owner decides how to use the profits.

Flexibility and Control of the Business: The sole proprietor has complete control over the business and can make decisions on the spot without anyone else’s approval. This control allows the owner to respond quickly or competitive business conditions or to changes in the economy.

Government Regulation: Sole proprietorships have the most freedom from government regulation. Most government regulations apply only to businesses that a certain number of employees, and securities laws apply only to corporations that issue stock. Nonetheless, sole proprietors must ensure that they follow all laws that do apply to their business.

Taxation: Profits from the business are considered personal income to the sole proprietor and are taxed at individual tax rates. The owner pays one income tax.

Closing the Business: A sole proprietorship can be dissolved easily. No approval of co-owners or partners is necessary. The only legal condition is that all loans must be paid off.

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.

Business writing

All organizations need people who can write well. In a world which depends so much on information and technology, organizations need people who can present information and ideas clearly. When you are on this job, you’re no longer writing for a teacher but for a living.

 

A written message …

• Gives you time to think about, organize, and edit what you want to say.
• Communicates a specific message that doesn’t wander like a phone conversation or informal dialogue.
• Provides both the sender and the receiver with the copy of important details—why the message was sent and what action should be taken. The result: official record.
• Generally carries more weight—is taken more seriously—than the spoken word.
• Can be sent to many people conveniently.

 

All business writing—no matter if you are writing a letter, a resume, or a memo—share the following characteristics:

Starting Point: Business writing begins when you have a need to make contact with another person to conduct some form of commerce.

Purpose: The purpose is to discuss, announce, clarify, or confirm a specific business-related matter. On another level, the purpose is to begin or continue some action pertaining to the matter.

Form: In business writing, it’s important to follow the basic standards of form and style. People in the workplace don’t have time for surprises. They want letters and memos to be presented in recognizable formats so they are easy to follow. Writing in the business world is a highly structured and functional form of communication.

Audience: In most cases, you are speaking to one specific individuals (or groups) about one particular form of business. Always provide your audience with the necessary information to act upon your request, concern, or announcement.

Voice: Speak clearly, concisely, and courteously in business writing. Think of your writing as one part of a direct and sincere conversation with your reader.

Point of view:  Use the first person (1) point of view in person-to-person communication and the third person in most general messages and memos.

 

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 contact www.asifjmir.com, Line of Sight