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DQ 3: What is the importance of consideration? Why have courts created the necessity of consideration for the formation of a contract? Do you agree or disagree with this doctrine? According to Oder , consideration can be referred to as value. Consideration is crucial for a contract to be created, as without it a contract will most likely be deemed unenforceable.
Courts created the necessity of consideration in contract formation to avoid one-sided deals, as law disfavors them for often being unfair. Consideration may come in the form of cash, services, property, a promise to do something or to refrain from doing something. It is crucial for the consideration to be adequate, which means that the exchange of value needs to be reasonable.
It does not have to be exact and equal, but adequate and reasonable. Personally, I agree with this doctrine, because otherwise we would be talking about favors, where consideration does not have to take place. Someone might be willing to do something for others voluntarily, without demanding anything in return, however, then the party that is getting the favor cannot really take any actions if the volunteer does a bad job, or fails to complete it.
Consideration gives all the parties involved a sense of fairness and security, as they all agree to something, and know what the consequences would be if any of them failed to comply with what was stated in the contract. Oder, D. Consideration in contract law and why it matters. DQ 1: Review the case entitled Ehlen v. Melvin on page of the textbook — Case What is the issue that the court addressed here?
Explain the rule that the court used to resolve the issue. Then apply the facts in the case to that rule and finally, draw your conclusion for the case. You do not have to agree with the court so long as you back up your analysis. You must write using IRAC. Does Saban owe an ethical duty to pay Dees more money now that the Power Rangers is a successful brand?
DQ 4: Review the case of Marder v. Lopez the Flashdance case on page of the textbook — case Using IRAC, what is the issue in this case? What rule does the court apply here? Apply the facts in that case to the rule that you set forth. Finally, come to a conclusion regarding the issue set forth in the case. The purpose of this case study is to determine the case about Marde V.
Lopez, and discuss about. The case is fully enforceable by the law because they have clear-cut. However, the movie was successful. Subsequent to this,. Ever since I can remember I was fasciated by the power of sincerity and words, and often failed to understand the conflicts or misunderstandings people around me were stuck in. It always seemed to me that being honest and outspoken prevents communication issues.
I still stand by that thought. However, I found that it might often be difficult when the other party is so used to their hindering communication habits, that when being approached by someone straightforward and open, they shut down, or feel attacked, being so not used to having open communication.
Effective communication with others is essential in many parts of life. It is crucial for our career and our well-being. Being able to express ourselves and get the message across not only at home, with our nearest and dearest, but also at work, where it can sometimes be more difficult, helps to avoid conflicts or being misunderstood.
Ever since I can remember I was fascinated by the power of sincerity and words, and often failed to understand the conflicts or misunderstandings people around me were stuck in. Sometimes it might be hard for people with great communication skills to get through to people who struggle to express themselves well, however, it might actually be helpful for them. Practice makes perfect, so the people struggling to express themselves well might eventually pick up communication habits from their communication partners, and become great communicators themselves.
There are a couple of things people of great communication skills do that are worth mentioning. Firstly, they stay focused and concise on the current topic. It is often tempting to bring up other similar topics to the conversation and change its direction, however, even though it might be sometimes intentional when the speaker aims at changing the subject for some reason, it is usually helpful to stay on track of the topic.
Secondly, active listening is a skill that makes the speaker feel heard and understood, as the receiver of the message is entirely focused on the speaker's words. When the speaker finishes talking, the receiver asks questions to ensure that he or she understood what the speaker meant. It is common for people to focus on what they want to say next, whenever the current speaker finishes expressing their thoughts. They then tend not to listen carefully nor really try to understand what is being said, because they focus so much on what their own answer is going to be next.
Thirdly, great communicators attempt to fully understand and respect other people's point of view, which is connected with the previous point of active listening. It is not easy to give people and their ideas enough attention to push our own ides aside, especially if our minds are already set on a given topic. It is essential, though, to try to see other people's point of view and make them feel understood, and show them that their ideas are valid.
Even when we do not agree with someone it is crucial to respect their point of view. Fourthly, when trying to agree on something, it is very important to try to compromise if both sides cannot reach clear agreement on making a decision about something.
If both parties feel strongly about their arguments, it is best to try to meet in the middle, showing respect and validity to one another. It is also significant to be able to admit that somebody else's ideas might be better than mine, and instead of getting defensive about it, try to learn from it, and take ownership.
Taking ownership when being wrong is also a sign of great communication skills and confidence. There are many other elements that deserve to be mentioned when speaking of communication. One should not forget of the importance of body language and the tone of voice being consistent with the words, as that is how dishonesty can be easily spotted, and hardly anyone wants to be perceived as dishonest. All in all, practising open and honest communication daily, as well as using some of the aforementioned tips can only get one closer to the goal of becoming a great communicator.
Strategic management can be defined as the art and science of formulating, implementing, and evaluate cross-functional decisions that enable an organization to achieve its goals and objectives. A strategic plan is, in essence, a firm's game plan. As the competitive world increases, profit margins have become so slim that there is little room for error in the overall strategic plan.
Strategic management involves strategy formulation, strategy execution, and strategy evaluation. You've read a number of articles this week that highlight various concepts related to the development of sustainable business strategies. Compare and contrast conventional strategic planning concepts with those of strategic intent and skill-based strategic thinking. Explain how the differences in these concepts can lead to better business strategy practice.
Explain the relationships between business models, business strategies, and strategic intent and skill-based strategic thinking. Include an explanation of how these concepts can help avoid myopic business strategy development. Visit the Applebee's Web site [www.
Then, using the Applebee's strategies as a model, discuss how other, perhaps local or traditional, restaurants could use new strategies to revive their reputation. What are Applebee's strategies that it is pursuing? Do you think these strategies could be used successfully at other local or traditional restaurants to compete?
Applebee's is a restaurant offering casual dining for affordable prices. Applebee's offer a diversified cuisine with dishes for every palate. One can find a taste of American, Asian, Mexican, and even Italian cuisine. Applebee's mantra has always been: "Good food, good people", and it has not changed over the years of operation of the restaurant. Applebee's has almost restaurants all over the United States, and continues to grow.
Because of Applebee's success, it could be beneficial for other restaurants to take some of their strategies used over the years, and revive their reputation. Some of the strategies worth mentioning are:. All business should strive for a constant growth and improvement, as profitability usually comes hand in hand with that. It is crucial for managers to attempt to control labor costs by setting appropriate schedules for the right amount of staff for the required time.
It will most definitely not benefit the restaurant to have so many servers during slow hours that they have nothing to do, and then respectively, not to have enough staff during peak hours, resulting in unhappy customers waiting forever for their orders to be taken or prepared. Feedback from the customers is crucial nowadays, and many potential new clients seek for other people's experiences with a given brand, for example going on yelp and reading reviews, or looking at pictures uploaded by others.
Feedback from the customers is invaluable for a company's growth, and restaurants should ensure that all the complaints are handled quickly and professionally, so that the customers feel valid and taken care of, and new potential clients who happen to come across such feedback can trust that a given restaurant values their customers and improves itself constantly.
It is essential for restaurants to stay current and attractive to both, their old, trusted clients, and the potential new ones. Therefore, brand positioning, marketing, and advertising are great tools in ensuring that a given restaurant delivers a clear and appealing message, and keeps attracting customers to come for a great dining experience.
Restaurants should generally strive for constant growth and betterment when it comes to quality and efficiency of the food and services it provides. This can be achieved through quality control, and training of the staff. The main goal is improving restaurant's overall performance, as it leads to more profit, which is the main objective of a business. Applebee's strategy focuses on improving operations and increasing profitability, handling customer feedback in a timely and professional manner, as well as deriving vital conclusions from that feedback and applying necessary changes.
Ensuring that the brand stays appealing and up-to-date is also important. According to Romeo , Applebee's newest strategy is focusing on going back in time to some specifics of the restaurant, while adding a modern twist to keep it relevant. There are also some marketing moves planned, such as TV commercials, and discounts offered to the customers. Applebee's is currently testing the deliveries of meals, comparing staff deliveries with third-party services. There are also some plans of expanding the brand to Middle East.
The aforementioned strategies could as well be used successfully at other, similar restaurants to Applebee's. For example, at Olive Garden.