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.

Response to Failure


What happens when someone makes a mistake that sends you through the roof? What happens when you want to rip a person apart for having made a mistake, even when he or she acted within the established guidelines?

First of all, it is important to recognize that those feelings are not a sign of weakness, they simply mean that you are human. The important thing is what you do with those feelings.

If you act on them immediately, more than likely you will destroy any trust you have established between the person and you. Any progress you have made in convincing people that it is okay to fail can be undone in an instant.

You will be better able to accomplish your objectives if you will abide by this unwritten rule: Never reprimand a person unless you are in full control of your own thoughts and emotions. This way you won’t say or do things that may result in momentary satisfaction in the short term but regret in the long term.

I am not suggesting that you never show emotion to your people that you let them know you are angry or upset. Showing your people how you feel can be quite beneficial at times, provided it is shown in an appropriate way and for the right reasons.

When you respond constructively to people’s failures you are doing the single most important thing you can do to let them know that it is okay to fail.

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.

Equal Employment Opportunity


For the last 5-6 decades, women and ethnic minorities have sought equal employment opportunities. These include the desire for a) equal pay for equal work; b) jobs for women and minorities in high-pay, high-prestige occupations—in approximate proportion to their members in the general population; c) a fair chance for women and minorities to be promoted to better jobs based on merit; and d) recognition of the special problems women and minorities face.

Even though the number of working women has grown many times faster than the number of working men, they are concentrated in clerical and service jobs, where they earn less than men for the same work—even when education and work experience are equal. Women also suffer from untrue stereotypes and absenteeism and emotional instability. And they sometimes have to do much better work than their male colleagues to be promoted.

Business can help create equal employment opportunity by providing women with role models—examples of productive and successful women—and by promoting them when they deserve it. Business can also offer flexible work schedules, day-care facilities, and leaves of absence for child-care when necessary.

Business can help minorities to achieve equal employment opportunities by actively seeking them as employees, by redesigning job requirements so as to rely more on skills and less on traditional backgrounds, by financially supporting minorities who want more education, and by placing minority employees in mainstream jobs where rapid promotion based on ability is customary. Many businesses are also helping minorities by buying some of their supplies from minority-owned small businesses.

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.

Listening


Listening is the most important component of communication. There is a wrong notion that a person who talks fluently is a good communicator. He need not be. It is true that talking fluently is an important component of communication. But all talkers are not good communicators.

Communication has three important components: a) making others appreciate what you say, b) making others understand what you say, and c) making others apply what you say in their life. It is much more than talking.

Listening is said to be a vital factor in the process of communication. One needs to be a good listener in addition to being a good talker, for communicating effectively. One may feel that listening is very simple and everyone is good in listening. The fact is that it is untrue. Many like and do the talking and they seldom listen to others. recall a conversation you had with your friend recently. Estimate the amount of time that you were talking, compared to the time spent by your friend talking to you. You would notice that there has always been an inner urge to express ourselves to others rather than listening to others.

If you want to be good at listening, take care of the following:

  • Be genuinely interested in listening.
  • Look at the person always.
  • Do not get distracted.
  • As you listen keep assimilating the points.
  • When you don’t understand ask the person to repeat.
  • Don’t interrupt unnecessarily.
  • Don’t project your views, ideas in between.
  • Don’t stop the other person till he does it on his own.
  • Be patient.
  • Be careful about the gesture that you make (it should not give any negative signals).

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

Everything is Tentative


It’s easy to imagine that building a new product is like building a house—first the foundation, then the frame, then the first floor, and so on. Unfortunately, product aspects are rarely locked in that way. Occasionally they are, as when a technical process dominates development, or when a semifinished product is acquired from someone else, or when legal or industry requirements exist.

We usually assume everything is tentative, even up through marketing. Form can usually be changed, and so can costs, packaging, positioning, and service contracts. So can the marketing date and the reactions of government regulators. So can customer attitudes, as companies with long development times have discovered.

This means two long-held beliefs in new product work are actually untrue. One is that everything should be keyed to a single Go/No Go decision. Granted, one decision can be

Decisive—at times, for example, when a firm must invest millions of dollars in one large facility or when a firm acquires a license that commits it to major financial outlays. But many firms are finding ways to avoid such commitments, for example, by having another supplier produce the product for a while before making a facilities commitment, or by negotiating a tentative license, or by asking probable customers to join a consortium to ensure the volume needed to build the facility.

The other untrue truism is that financial analysis should be done as early as possible to avoid wasting money on poor projects. This philosophy leads firms to make complex financial analyses shortly after early concept testing, although the numbers are inadequate.

Still another tentative matter is the marketing date. Marketing actually begins very early in the development process—for example, when purchasing agents are asked in a concept test whether they think their firm would be interested in a new item. Rollouts are now so common it is hard to tell when all-out marketing begins.

Often no one pulls a switch and marketing instantly begins. We more often sneak up on it, which clearly affects the evaluation system.

What results in some cases is a sort of a rolling evaluation. The project is being assessed continuously, figures are penciled in, premature closure is avoided, and participants avoid mind-sets of good and bad.

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