Negligence


Negligence is defined as a failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to either a person or to property. Negligence may involve either doing something carelessly or completely failing to do something that should be done.

Negligence is an improper disregard for the safety of the person or property of another. It is the failure to exercise the care of an ordinary person. Certain basic requirements are common to all negligence cases:

  1. A legal duty was owed to the victim.
  2. There was an infringement or breach of duty to the victim.
  3. Injury (or damages) resulted.
  4. The damage was the proximate result of what the defendant did or failed to do when legally required.

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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Flexibility


Perhaps the biggest difference between an individual businessperson and a large corporation is in the degree of flexibility each possesses. Here the balance tips in favor of the small business. Because it hasn’t indoctrinated numerous level of management and a gigantic sales organization in the tactics and strategies of its marketing plan, it can make changes on the spot. It can be fast on its feet and can react to make changes, competitive ploys, economic realities, new media, newsworthy events, and last minute offers.

Like the furry quick mammal, you’ve got the flexibility, the speed, the disregard of image, that enables you to use radio commercials and also hire high school students to hand out printed circulars on street corners. You don’t have a body of rules to follow, a committee to answer to, a set structure to follow. You are the organization. You answer to yourself. You make the rules and you break the rules. And that means you get to be amazing, outrageous, surprising, unpredictable, brilliant, and quick.

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.

Problems of Conduct


In Japan’s early history, a serious disregard for manners could be punishable by death, and any samurai could kill any common person who failed to show him proper respect. The Japanese were required to behave in precisely prescribed ways—wearing permitted clothing, walking only a certain way, sleeping with their heads pointing in a certain direction and legs arranged a particular way. Eating, greeting, gesturing with hands, opening doors and many work tasks had to be done in assigned ways without deviation. Conduct became a measure of morality, and virtue in manners was visible for all to see. Even today, the code of conduct plays a significant role in the lives of the Japanese. Many societies, not Japan alone, have a prescribed form and manner for every familiar situation that might arise. Unforeseen situations can cause intense embarrassment or discomfort. Throughout East Asia, actions are judged by the manner in which they are performed. More important than the accomplishment of a task is the question of how someone went about trying to complete the task: Did he act sincerely? More important than winning the race is the grace of the runner. More important than expertise is the way one gets along with others. More important than profits is harmony. In contrast, Westerners and particularly Americans are more concerned with the principles of things, hard “measures” and objective facts. Although rules of ethics are extremely important, we are more goal oriented than method-conscious, we say “a good loser is a loser.”

One aspect of form is the concept of “face.” Much has been written about “face-saving” in Japan and China, but face-saving is important absolutely everywhere. The difference is only a matter of degree and nuance. Where an American might feel a little guilty or inadequate, an Asian, Arab or South American may feel deep shame and humiliation. What an American might see as a little honest and constructive criticism, the foreigner may take as a devastating blow to pride and dignity. A foreigner is likely to be sensitive to feelings of others in transactions that an American would consider strictly impersonal, such as returning a defective product or switching hairdressers. The traveler simply must be more conscious of saying things or behaving in ways that cannot be taken as disrespect, criticism or humiliation. In some countries it seems just about anything can be taken personally, even such indirect affronts as not taking your shoes off in a mosque or complaining about the heat.

Harmony with the environment can be as important as sensitivity to people in some cultures. In Japan a woman wears a soft pastel dress to a flower show so as not to take away from the beauty of the flowers. In countries where people believe in reincarnation they are careful about all forms of life. In India, for example, people are careful not to swallow gnats or step on ants—one might be a relative.

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, Lectures, Line of Sight.

Creativogenic Management Style


Management style can both impede innovations and facilitate them. The old firms—once dynamic and vibrant—today fail in terms of deficient management style and resulting ineffective culture and structure. Such firms are managed on machinistic lines, with strong belief in centralization and extreme specialization of functions. This means that coordination of interdepartmental activities is done mainly by the head of the concern. Strong departmental loyalties bred by lifelong career paths only within the functional department make interdepartmental collaboration very easy. Information flows mainly vertically rather than also diagnolly and horizontally. A strong hieracrch-bound operating culture saps initiative at lower levels. An organic mode of management is much more suitable in technological change-driven turbulent markets like electronics. In this mode, solving technical problems is the priority, not maintaining functional turfs, and so decisions emerge through interactions rather than being made by the formally designated bosses. Also, the expert in the situation—who could be quite a junior fellow—calls the shots rather than the formal boss. People interact disregarding departmental boundaries, picking brains and sharing information, and most decisions are taken—or rather, emerge—at middle and lower levels of management. Thus, a fluid, boundaryless, highly interactive, expertise-based management is more suitable for managing technological innovations than a mechanistic, bureaucratic, semi-feudal form.

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, Line of Sight