Local Lawsuit Assignment Example | Topics and Well Written Essays - 1250 words

Local Lawsuit - Assignment Example This information was relayed to the company’s manager via a short message using a phone. The dealer though did not categorically state the mode in which he expected a response from the company. On receiving the feedback from the dealer, the company manager decided to respond to the offer by a means of e-mail. In his email, he indicated that the stated $550 amount was too high and that since the company needed 10 horses, he would consider paying $500 for each of the horses. This mail was also accompanied by instruction informing the dealer that if the company does not hear from them by Friday, then the company will consider the deal done and will process paying for the 10 horses (Berenson, 2005). When Friday reached, the company processed the payments, but later found out that the dealer had sold the horses to another third party. The company was disappointed on the grounds that the dealer had breached the contract and in that regard filed a suit in a court to reverse the trans action made between the dealer and the other party. The dealer on the other hand insisted that he did not reach any contract since he had not received any communication from the company and considered that the company withdrew from the deal. What the Management Would Have Done To Curb the Lawsuit Scenario from A Rising The management in this situation ought to have been aware of the way a contract should be communicated; this is in the sense that if a communication from an offeror is made in a particular pattern, it is prudent then that any response to the communication is made in the same way unless otherwise stated by the offeror. This is because ordinarily in contracts, when a communication is done using a different way other than that used by the offeror, then the offeror may not be liable for any miscommunication that may arise due to engagement of a different method. The management decided to use an alternative method to communicate back without the knowledge of the offeror. T hey ought to have observed this before communicating using the email. Again, in contracts, silence in not considered as a way of acceptance. It can only serve as a way of acceptance if there has been such earlier communication between the two and it is in their knowledge. This is accentuated by the fact that communication is done via the same means used by the offeror. Given that there was no such history between the two, it was wrong for the company’s management to construe that their communication was heeded to by the offeror. The management ought to have taken the precautionary measures of making communication via the same means. Making replies to communication should be informed by the method that has been used by the other partner, this is to the extent that if the same communication is done using another method, chances are that the intended recipient may not access on specific time bound because of some reasons. This may make the partner misconstrue that the informatio n is accepted as in the case of the company discussed in this paper. Legally, the offeror is required to unequivocally state the mode of communication to avoid any communication that will deviate from the initial means of communication. This is the issue witnessed in this case where the offeror makes an offer and does not dictate the mode of relaying acceptance enabling the offeree to choose mail - this is what led to misconstrued communication and

Hotel Industry Research Proposal Example | Topics and Well Written Essays - 2250 words

Hotel Industry - Research Proposal Example An Organizational structure defines how job tasks are formally divided, grouped and coordinated. The main elements to consider while designing an organizational structure are Work Specialization, departmentalization, chain of command, span of control, centralization and decentralization and formalization. The most common Organizational designs found in use are The simple structure is characterized by a low degree of departmentalization, wide spans of control, authority centralized in a single person, and little formalization. The strength of the simple structure lies in its simplicity. It's fast, flexible and inexpensive to maintain and accountability is clear. One major weakness is that it is difficult to maintain in anything other than a small organization. The decision making becomes slow as the organization grows in size because of its low formalization and high centralization. A bureaucracy is characterized by highly routine operating tasks achieved through specialization, much formalized rules and regulations, tasks that are grouped into functional departments, centralized authority, narrow spans of control, and decision making that follows the chain of command. The primary strength of bureaucracy lies in its ability to perform standardized activities in a highly efficient manner. One of the major weakness of this structure is that it causes departmental conflicts and highly inflexible always following the rules. There is no room for modification The Matrix structure is characterized by dual lines of authority and combines product and functional departmentalization. IBM adopts a modified version of the matrix structure in its overall operations. The strength of this structure lies in its ability to facilitate coordination and efficient allocation of specialists. The major disadvantage lies in the confusion it creates, its prosperity to foster power struggles, and the stress it places on individuals. The Team structure uses teams as the central device to coordinate work activities. Companies like DaimlerChrysler, Saturn, Motorola and Xerox have made extensive use of self managed teams to improve productivity at the operational level. In smaller companies, the team structure can define the entire organization. For instance, Imedia, a 30 person marketing firm in New Jersey is completely organized around teams. This structure is highly unsuitable for large companies. A Virtual organization is a small core organization that out sources major business functions. Ancle Hsu and David Ji run a virtual organization. Their firm, California based Apex Digital, is one of the world's largest producers of DVD Players, yet the company neither owns a factory nor employs an engineer. They contract everything out to firms in China. This is suitable for small and large organizations. The major advantage is the flexibility and the disadvantage is lack of managerial control in key aspects of business. The Boundaryless organization is an organization