The Contract Theory


The contract theory holds that when a person buys a product or service, he or she is entering into a contract with the manufacturer. The manufacturer (and by implication the employee representing the manufacturer) has four main obligations:

  1. To make sure the product or service complies with the contract in several respects: it should do what its advertisements say it can, it should operate a certain period of time before needing service or maintenance, and it should be at least as safe as the product information states and the advertising suggests.
  2. To disclose all pertinent information about the product or service, so that the potential consumer can make  an informed decision on whether to purchase it.
  3. To avoid misrepresenting the product or service.
  4. To avoid coercion.

Critics of the contract theory argue that the typical consumer cannot understand the product as well as the manufacturer does, and that consumer ignorance invalidates the contract.

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.

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.

Knowledge Expands Enthusiasm


An old truism tells us the more we know about something the more we don’t know. Each new discovery in medicine or engineering or physics raises more questions than it answers. Knowledge also increases enthusiasm.

The more we explore space, the deeper our cameras see, and the more we discover about the structure of matter, the greater is our enthusiasm to learn still more. Enthusiasm comes with knowledge. Most people are bored with the idea of collecting stamps until they know answers to questions such as who decides what image appears on a stamp and why, how many stamps are issued each year, what makes some stamps exceptionally valuable, who invented stamps, and why all stamps are not the same size.

Knowledge does supply motivation and enthusiasm to learn more. We take an important step toward developing enthusiasm when learning more about a person, a thing, or an idea. Ignorance inhibits enthusiasm; knowledge expands it.

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.

 

Failure in International Business


Failure overseas rarely results from technical or professional incompetence. Multinationals take their international business seriously and typically send abroad high achievers who have proven skills and expertise. But their success is usually in their home countries, where their skills, style and attitude may be exactly the opposite of what will work overseas. Employees’ ignorance of or inability to adjust to foreign ways are usually what cause problems.

In one country people know in vivid details the colors, designs and sounds that appeal to various customer groups. Careerists climbing the corporate ladder study intently the values and norms that characterize their company’s “culture” so that they can maneuver successfully toward the top. Negotiators approach their bargaining table with a rich understanding of what motivates their adversaries. When it comes to foreigners, however, people see only silhouettes. Overseas many foreign companies approach their customers, colleagues, and employees with an ignorance that would be unthinkable on home ground. They are willing to transact business with foreigners without understanding who they are, what makes them tick, how they view the world and how their corporations. Because they do not look behind the foreign mask, their approach to international business is often like shadow-boxing. They deal with imaginary targets.

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.