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.

Political Aspects of Organizational Change


There is a large number of individuals who are undecided about change—they need to be influenced or persuaded to support the change. How can a manager motivate employees to change? Most of the change management literature overlooks the fact that people are largely motivated by self interest. In the 90s, popular writing in Change Management exhorted managers to develop ‘vision’ statements to appeal to people’s hearts. While there is some merit in this proposal, change managers who ignore people’s minds (and by that I mean self-interests) will find it quite difficult to garner support for their change efforts. Individuals are not solely drive by self-interests but these interests are important. In some instances, change may involve relinquishing one’s self-interest. The first thing people are likely to ask when informed about change is: what is in it for me?

There had to be a number of decisions to be made at every stage of the project involving large financial outlays—quickly and without political or bureaucratic interference. The decision-making process ensure this. Public support is critical for land acquisition and later for smooth execution. A number of contractors would be involved, and their effectiveness had to be ensured for the corporation to be effective. The community would be concerned about possible environmental degradation. Though the project would ultimately benefit the community, no cost could be unilaterally imposed on any stakeholder. The project owes its success to effectively managing such political aspects too.

If the organization’s change agenda matches self-interests of employees and other stakeholders, it has little problem in gathering support. On the other hand, if the change agenda requires employees to give up at least some of their interests, then mobilizing support is a more difficult task. More importantly, even if the change agenda is aligned with employees’ self-interests, they have to be convinced that participating in change will advance their self interests. Therefore, mobilising support is largely about influencing people to change despite—or because of—their self-interests. This aspect of influencing people’s self-interest is what makes change management ‘political’; it requires close attention to the science and art of persuasion. In other words, we need to understand the psychology of persuasion before we can devise effective ways of influencing people.

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