Silence as Acceptance


As a generalization, the offerer can never consider silence by the offeree as an acceptance. In some cases the offerer attempts to bring about a situation of this kind by a statement in the offer to the effect that failure to reply will be construed as acceptance of the offeror’s proposal. Usually, the offeree is under no obligation to reply to any business proposal. However, if the offeree requested that goods be shipped on approval, or there is a prior business arrangement or understanding between the parties, silence may be fairly construed as acceptance. These cases are exceptional, however.

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.

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.

 

Truth and Reconciliation in Business


Truth and reconciliation in business without consistent, decisive, action will rapidly turn into a nightmare. Decisions and actions must be swift and if relationship mapping is to be engaged, it must be engaged fast and directly connected to the truth and reconciliation in business exercise.

Communication will be at an absolute premium and there are several points that the exercise must deliver on. Truth and reconciliation in business must:

  1. Lift the lid on silence and denial;
  2. Give everyone within the organization the chance to have their grievances heard and their ideas listened to;
  3. View the organization as one entity, not separate entities with different expectations and responsibilities. Everybody involved must be equally responsible and accountable for all outcomes and there can be no splintering into different groups, as this will set the seed for different sub-cultures to grow back;
  4. Accept the principle of mutual shared responcibility for any previous shortcomings of the organization.
  5. Encourage the building of a new social network that straddles previous divides, and delivers ongoing dialogue and interaction across every dimension of the organization;
  6. Determine what is negotiable and what is non-negotiable; and
  7. Make clear recommendations for the future, start to define responsibilities, expectations and desired relationships, start the process of reform, and begin to define a working culture for the organization as a single entity.

Engaging in Truth and Reconciliation in business is a great start for any organization looking to develop amazing relationships and enjoy amazing success, but it is only the start of the process. Organizations must be able to maintain what they have started.

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 Pregnant Pause


The use of the pregnant pause in selling is very much like fishing with a net. You put some bait in a net and silently wait for a fish to swim in.

Once you get to the point in a sales pitch where you have asked for commitment, don’t speak again until the other person has replied in some fashion. Don’t restate your case. Don’t lobby. Don’t tell him you know it’s tough decision, but …

The buyer may be struggling with his decision and conducting an internal dialogue with himself. Don’t help him out. If he asks a question, answer monosyllabically. Even if the silence is deafening, just let it sit there.

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