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.

Writing Tips


  • When writing consider the recipients. What do they know already? What can you tell them?
  • Outline your memos and letters before beginning to write.
  • When writing reports, summarize key points or conclusions on the first page and document them with more information on subsequent pages.
  • Write like you speak to make your writing as readable as possible.
  • Learn the writing style of your organization and follow it. Don’t use flowery language (many adjectives and verbs) when inappropriate.
  • Have your secretary or assistant edit and proofread your correspondence for sentence structure and grammatical errors.
  • Keep dictionary thesaurus on hand to check spelling and word usage.
  • Use variety of sentence structures—simple, complex, and compound—to add interest to your writing.
  • When writing for a non-ethical audience, have a non-technical person identify jargon. Then either eliminate it or include a glossary defining the terms.
  • Use charts and tables wherever possible to present numerical information.
  • Use “action verbs” to add punch to your message.
  • Eliminate weak words like “very,” “interesting,” “often,” and other bland adjectives or adverbs.
  • Keep paragraphs short. Make sure the content of a paragraph revolves around only one thought—the topic sentence.
  • If you do a large amount of routine correspondence, standardize it as much as possible.
  • If procrastination is a problem, start writing a rough draft early so you have time to reverse it at least once.
  • When allocating blocks of time for writing, set aside periods of one to one-and-a-half hours, rather than trying to do it in segments of 5 to 15 minutes.
  • Develop a flash card system to work in your own common misspellings.
  • Dictate correspondence, memos, and so forth, to save time.
  • Seek immediate and specific feedback on reports you write.
  • Take a second or third look at your memos before sending them.
  • Use a grammar checking software program on your computer to identify errors you frequently make, and use that feedback to focus your efforts to improve your writing.

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.

Economic Truths


Although there are few truisms that apply universally in the business world, there are four related economic truths that are valid in every business situation:

  1. Over the long term, it is absolutely essential to be a lower cost supplier or profit margins will erode.
  2. To stay competitive, inflation-adjusted costs of  producing and supplying any product or service must continuously trend downward.
  3. The true cost and profit picture for each discrete product/market segment is often obscured by traditional accounting practice.
  4. Real business winners concentrate as much or more on cash flow and balance sheet strength as they do on reported profits.

These points have always been valid, but they are far more serious today because there is much less margin for error in our more turbulent environment.

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.

Forecasting in Supply Chain


The forecast of demand forms the basis for all strategies and planning decisions in a supply chain. Consider the pull/push view of the supply chain. Throughout the supply chain, all push processes are performed in anticipation of customer demand whereas all pull processes are performed in response to customer demand. For push processes, a manager must plan the level of production. For pull processes, a manager must plan the level of available capacity and inventory. In both instances, the first step a manager must take is to forecast and what customer demand will be.

Mature products with stable demand are usually easiest to forecast. Staple products at a super market, such as milk or paper towels, fit this description. Forecasting and the accompanying managerial decisions are extremely difficult when either the supply of raw materials or the demand for the finished product is highly variable. Good forecasting is very important because the time window for sale is narrow and if a firm has over- or under-produced, it has little chance to recover. For a product with long life cycle, in contrast, the impact of a forecasting error is less significant.

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.

Pricing


Whether or not it is so recognized, pricing is one of the most crucial decision functions of a marketing manager. Pricing is an art, a game played for high stakes; for marketing strategists, it is the moment of truth. All of marketing comes to focus in the pricing decision. To a large extent, pricing decisions determine the types of customers and competitors an organization will attract. Likewise, a single pricing error can effectively nullify all other marketing-mix activities. Despite its importance, price rarely serves as the focus of marketing strategy, in part because it is the easiest marketing-mix activity for the competition to imitate.

It can be easily demonstrated that price is a direct determinant of profit (or loss). This fact is apparent from the fundamental relationship.

Profit = total revenue – total cost

Revenue is a direct result of unit price times quantity sold, and costs are indirectly influenced by quantity sold, which in turn is partially dependent on unit price. Hence, price simultaneously influences both revenues and costs.

Despite its importance, pricing remains on of the least understood marketing-mix activities.

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.

Bounded Rationality


Bounded rationality involves neuro-physiological limits on the one hand and language limits on the other. The physical limits take the form of rate and storage limits on the powers of individuals to receive, store, retrieve, and process information without error … Language limits refer to the inability of individuals to articulate their knowledge or feelings by use of words, numbers, or graphics in ways  which permit them to be understood by others. Despite their best efforts, parties may find that language fails them (possibly because they do not posses the requisite vocabulary or the necessary vocabulary has not been devised) and they resort to other means of communications instead. Demonstration, learning-by-doing, and the like may be the only means of achieving understanding when such language difficulties develop. (Williamson).

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.

 

Service Quality and Employee Behavior


Customers’ perceptions of service quality will be impacted by the customer-oriented behaviors of employees. In fact, the five dimensions of service quality—reliability, responsiveness, assurance, empathy, and tangibles—can be influenced directly by service employees.

Delivering the service as promised—reliability—is often totally within the control of front-line employees. Even in the case of automated services—such as ATMs, automated ticketing machines, or self-serve and pay gasoline pumps—behind the scenes employees are critical for making sure all of the systems are working properly. When services fail or errors are made, employees are essential for setting things right and using their judgment to determine the best course of action for service recovery.

Front-line employees directly influence customer perceptions of responsiveness through their personal willingness to help and their promptness in serving customers. Consider the range of responses you receive from different retail store clerks when you need help finding a particular item of clothing. One employee may ignore your presence, whereas another offers to help you search and calls other stores to locate the item. One may help you immediately and efficiently, whereas another may move slowly in accommodating even the simplest request.

The assurance dimension of service quality is highly dependent on employees’ ability to communicate their credibility and to inspire trust and confidence. The reputation of the organization will help, but in the end, individual employees with whom the customer interacts confirm and build trust in the organization or detract from its reputation and ultimately destroy trust. For startup or relatively unknown organizations, credibility, trust, and confidence will be tied totally to employee actions.

It is difficult to imagine how an organization would deliver “caring, individualized attention” to customers independent of its employees. Empathy implies that employees will pay attention, listen, adapt, and be flexible in delivering what individual customers need. For example, research documents that when employees are customer-oriented, have good rapport with customers, and exhibit perceptive and attentive listening skills, customers will evaluate the service more highly and be more likely to return. Employee appearance and dress are important aspects of the tangibles dimension of quality, along with many other factors that are independent of service employees (the service facility, décor, brochures, signage, and so on).

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.

Previous Older Entries