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.

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Organizational Paralysis


Within 6 months of life some organizations suffer a paralysis:

  1. Point zero minus six months: growing anticipation of the new organization is rife; most senior managers are preoccupied with networking amongst the organization’s rising stars in order to be well positioned for advancement.
  2. Point zero minus three months: the new organization is due shortly, so no one will do anything in case it is seen to be wrong in light of the new structure.
  3. Point zero minus one month: all senior managers desperately plead for a new job so the sin of the last year’s time wasting can be hoofed off onto another poor unsuspecting victim.
  4. Point zero: the planned reorganization is put back two months to accommodate the wishes of an intransigent director who keeps digging in his heels and refuses to listen.
  5. Point zero plus six months: senior mangers look forward to extremely generous takeover conditions and contemplating retirement

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.

 

High Stress Level


A small business is likely to provide a living for its owner, but not much more. There are always worries about competition, employee problems, new equipment, expanding inventory, rent increases, or changing market demand. In addition to other stresses, small business owners tend to be victims of physical and psychological stress. The small business person is often the owner, manager, sales force, shipping and receiving clerk, bookkeeper, and custodian. Many creative persons succeed or fail, not because of their business concepts, but rather because of difficulties in managing their business.

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.

Negligence


Negligence is defined as a failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to either a person or to property. Negligence may involve either doing something carelessly or completely failing to do something that should be done.

Negligence is an improper disregard for the safety of the person or property of another. It is the failure to exercise the care of an ordinary person. Certain basic requirements are common to all negligence cases:

  1. A legal duty was owed to the victim.
  2. There was an infringement or breach of duty to the victim.
  3. Injury (or damages) resulted.
  4. The damage was the proximate result of what the defendant did or failed to do when legally required.

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.

Improving your Planning Skills


All too often, managers develop elaborate plans only to have them collect dust on a shelf or in a file drawer. To be an effective management tool, a plan must be continually monitored and updated. Your goals and objectives must be a part of your monthly, weekly, and daily plans or they will become victims of the daily crises and interruptions that inevitably fight for your time. It’s important to spend some time every day working toward accomplishing your goals.

Evaluate and update your plan on a regular basis. If your plan is detailed and specific, it should be quite simple to manage by:

  • Using target dates for various phases of the project. Be sure that expectations, latitude, and due dates are clear and agreed upon with others.
  • Delegating responsibility (and appropriate decision-making authority) to the right person or people.
  • Requesting status reports from your employees on their progress toward goals.
  • Monitoring and following up on progress. By documenting performance against your plans (for example, budgeted vs. actual labor) you will be better able to evaluate results and develop realistic plans for future projects.
  • Intervening and adjusting plans when necessary.

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.