Business Notes: Law - Contractual Offers

Requirements of Contractual OFFERS

In order to be capable of acceptance it must be:

1. INTENDED to be an offer.
2. Definition of 'Offer' - Declaration by offeror by which he intends to be legally bound if his terms are accepted by the offeree.
3. Be CERTAIN - It must be possible for the 'offeree' to know what his rights and obligations will be if he 'accepts' the offer
4. And be COMMUNICATED to the offeree - if the offeree doesn't know about it he can't accept it.
5. Must not have been TERMINATED - an offer can’t be accepted once it has been terminated/ an offer can't be terminated once it has been accepted

The Difference between an Offer and an Invitation to Treat

Definition of 'Offer' - Declaration by offeror by which he intend to be legally bound if his terms are accepted by the offeree.

Therefore it depends upon the intention, for judicial guidelines see:

Boots Chemist Case (Pharmaceutical Society of GB v Boots Cash Chemist 1953)
The display on the shelf was only an invitation to treat (I to T), customer then made an offer to which the cashier can then accept or reject. This results in Boots NOT being 'guilty' as the sale was complete bu the cashier with a pharmacist present.

Fisher v. Bell for guidelines in accordance to shop displays
The defendant wasn't 'guilty' as there is no offer for sale as the display is an Invitation to Treat.

Partridge v. Crittenden for guidelines in accordance to adverts.
The defendant is not 'guilty' as he's not offering to sell he's offering an Invitation to Treat. This is because he's not making an offer to sell, the buyer is offering to purchase.

Other cases to look at:

Carill v Carbolic Smoke Ball Company 1893
The court held that the wording of the advert showed sufficient intention to make it an offer contrary to the general guideline laid down in Partridge v Crittenden.

Gibson v Manchester City Council 1979
Due to the wording there was no contract made.

Why Is It Necessary To Identify The Parties

• It is the Offer's terms that govern the contract
• It is the action of the offeree that concludes the contract (Both bound at this point)
• It is the country in which the acceptance becomes effective which determines the applicable law (Can be stated a 'Proper' law ie country)

Termination of a Contractual Offer

1. Refusal/Rejection - Once an offer is refused it is then terminated, the offeree cannot then change his/her mind and accept if they do then they will actually be making a new offer.
2. Counter Offer - If the offeree attempts to accept, but introduces new or different terms, this is a counter offer, and the other party can then choose whether they wish to accept or reject it.
3. Revocation - The offeror can withdraw his/her offer at anytime before valid acceptance has occured, provided: Revocation is communicated to the offeree and the offeree has not purchased an option
4. Time Lapse - If no time for acceptance is stated, the offer will lapse after a 'reasonable' time; this will depend upon the nature of the commodity.
5. Death - The death of a specific offeree will terminate the offer as only he/she could have accepted it. The death of the offeror will only terminate the offer if the offeree was aware of it before he accepted, otherwise the offeror's personal representatives must carry out the contract, unless it is for personal services.

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Business Notes: Law - Contracts

What is a Contract?

A contract is a legally binding agreement between 2 people (it does not need to be written!)
Written contracts are mainly for proof (such as a receipt in shops are evidence for the purchase which you have just made) or to look back on what was agreed.

Contracts Gives Parties RIGHTS & OBLIGATIONS

Some contracts must be in writing because statute requires it, for example:

• Property
• Finance (credit) - inc. phone contract
• Employment - - need to know to be able to refer to it

Four 'Ingredients' Must Be Present in Order for a Contract to Exist

1. Offer
2. Acceptance (an agreement, not yet a contract)
3. Consideration
4. Intention to create legal relations

All four of the above must be present in order for a contract to exist. If one is missing then there is no contract between the parties.

Formation of a Contract

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Business Notes: Law - Types of Liability

Ways in Which a Company May Become Liable:

·         By breaching a CONTRACT - results in damages being paid if successful

·         By committing a TORT (Civil wrong) - results in damages being paid if successful

·         By breaching a STATUTE - results in damages being paid if the Act creates civil liability or a fine if the Act creates criminal liability

Relationships to Consider

A business has many relationships:

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Business Notes: Law - Key Term: Tort

Tort - A civil wrong that does not depend upon the existence of a contract. - The actions of one has affected another but there does not have to be a contract between the people involved.

- Esjae 

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Business Notes: Law - Key Terms

Accused - The person being prosecuted in a criminal trial

Adversarial Procedure - Trial in which judge acts like the referee in the context between two opposing litigants.

Claimant -The party who brings a civil action

Common Law - Various meanings determined by context: law applicable to the whole of England/ judge-made law rather than statute/not the law of Equity

Crowm - The prosecutor in criminal proceedings

Defence - The person being prosecuted/ their legal representatives

Defendant - Person against whom criminal or civil proceedings are brought

Precedent - Previous judicial decision influential and possibly binding in later cases

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Business Notes: Law - Differences Between Criminal & Civil Law

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- Esjae x

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Business Notes: Introduction to Law

We need to know the difference between criminal and civil law (we will focus upon civil law but occasionally touch upon criminal law).

Civil Law = us as individuals exerting our rights

Businesses are civally liable to their customers in many circumstances but crimanally liable in other circumstance. However most customers do not know what their rights are (some businesses use this to their advantage).

Criminal situations are usually quick because the freedom of the individual is at risk, therefore they are usually released the following day. However the civil process takes a long time for any conclusion to be made.

The two courts for civil cases are:

• ·         High Court
• ·         County Court

Within civil law you don’t use the term 'guilt'

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Business Notes: Management - Characteristics of Good Management

What is management? Management is the person or persons controlling and directing the affairs of a business, or other institution. It can also be described as the or manner of managing: handling, direction or control.

Where does the word 'manage' come from? The word manage comes from the Italian word maneggiare and also from the Latin manu agere which means 'to lead by the hand', this in turn has been derived from the Latin word manus meaning hand.

So what does a manager do? According to Henri Fayol (1841-1925), the first person to identify elements or functions of management in his classic 1916 book 'Administration Industrielle et Generole', management consists of planning, organizing, command, coordination and control.

However according to Peter Drucker (1955), 'The manager is the dynamic, life giving element in every business'. In 1955 he said that a manager has only 3 jobs:

1. Managing a business
2. Managing managers
3. Managing workers and work

What does a good manager look like? The CMI (Chartered Management Institute) claim that Chartered Manager (CMgr)  is the ultimate accolade. However what process would a CMgr candidate have to follow in order to receive this award. Therefore according to them a good manager will be qualified, have impact and CPD (Continuing professional development).

What are the entry requirements from CMgr? According to the CMI in 2008 “In order to ensure minimum standards of knowledge and understanding of management among Chartered Managers, a management qualification at degree level or above (e.g. NVQ 4 or Diploma in Management) is a minimum qualification requirement”.

It is also important for a manager to implement the 6 management skills:

1. Leading People
2. Managing Change (Change is constant!)
3. Meeting Customer Needs
4. Managing Information & Knowledge
5. Managing Activities and Resources
6. Managing Yourself

- Esjae 

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Business Notes: Management - Self Awareness

What is self awareness:

• Being aware of people
• Knowing we exist as an individual
• Recognising other people's beliefs
• Being aware of your own individuality

Self awareness is having a balanced and honest view of your own personality, and often and ability to interact with others frankly and confidently. As well as being aware of your own individuality.

It's a recognition of:

• Our personality
• Our strengths and weaknesses
• Our likes and dislikes
• Helps us to recognise when we're stressed or under pressure
• A prerequisite for effective communication and interpersonal relations
• Helps us to develop empathy for others

Everyone is unique therefore it is important to harness your strengths and weaknesses.

- Esjae 

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Business Notes: Management - 6 Management Skills

There are six management skills, these are:

1. Leading People - a leader knows where they want to go. A manager knows how to get there. It is unusual to find both in one person.
2. Managing Change - Change is constant & people don't like change
3. Meeting Customer Needs - This is arguably one of the most important skills as the customer pays for the product/ serviceso it is important to satisfy them
4. Managing Information and Knowledge - This helps you to make decisions and plan for the future
5. Managing Activities and Resources - This makes sure people know what to do, what they need and where to be
6. Managing Yourself

- Esjae 

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Business Notes: International Awareness & Ethics - Culture

What is culture? It was said by Kramsch in 1996 that culture is the attitudes and beliefs, ways of thinking, behaving and remembering shared by members of that community.

There are three primary ways of describing culture - these are:

• Anthropological culture which is the ways that people of a certain group behave/live among themselves
• High culture which includes the art, music, theatre, and literature created by culture
• Popular culture which includes contemporary music, films and trends

It comes down to universal acceptance as to why one piece of music is high culture and another is popular culture.

There are also two further types of culture these are surface culture and deep culture.

Surface culture includes:

• How you dress
• Clothing
• Gestures
• Music
• Art
• Architecture

Deep culture includes:

• Worldview - this is the orientation towards religion, humanity, nature and the universe
• Language - this is the medium to transmit culture
• Kinship System - this is the importance of different family roles and the relationships between family members
• Social Organisation - this is the importance of relationships among group members.

Culture has a huge focus on values this is because cultural values identify behavioural characteristics that members of the society consider important and valuable. They also help to serve as a mechanism of social control by determining how members of a culture should behave.

As a result of the dynamics of culture systems in one main culture individual members of one culture may differ in the values and adopt several sub-cultures. Due to this boundaries are only loosely defined and therefore culture can be shared by people from different geographical locations.Values and systems can change over time.

- Esjae 

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Business Notes: Presentation Tips

Throughout your life you will have to write and present presentations therefore you need to be able to ensure you do this successfully.

A well prepared presentation will succeed!

Key issues when it comes to presentations are:

• Preparation
• Rehearsal
• Visual Aids

Prepare

Before you begin you work it is important that you:

1. Know what you want to say
2. Understand and focus upon the key points that you wish to emphasise
3. Work out who your audience is
4. Find out who much prior knowledge they have of the particular subject
5. How much factual data will you need to research
6. Make sure that you check the room in which you will be giving your presentation from 15-20 minutes (minimum) before the presentation to check that it is laid out correctly and that the equipment works.
7. If you are giving the presentation in a group make sure you delegate tasks according to the expertise and skills within the group

Rehearse - Before you give your presentation

1. If a group presentation is required make sure that you rehearse as a group
2. If it is an individual presentation make sure you get someone to watch you rehearse so that they can give you feedback
3. When rehearsing out loud, check the volume of your voice
4. Make sure you check you presentation timings (REMEMBER you will speak faster in the real event)
5. If you need them use prompt cards - but don't rely on them too much
6. Try and rehearse where the presentation is going to take place if it is at all possible
7. Try and anticipate the questions that will be asked and if you are asked a question which you cannot answer it is important that you are honest and polite - you could even offer to look it up and give them the information at a later point

Visual Aids

1. Use a mixture of powerpoint, flip chart, whiteboard
2. Visual aids deflect the attention from you - this is helpful if you are nervous and or don't like to be the focus of the attention
3. Use desktop publishing software to product handouts as this will help to make them look more professional
4. It's important to note that if everything looks good, you feel good

- Esjae 

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Business Notes: International Awareness & Ethics - History of English

Why English? English is a cultural foundation, we don't realise how lucky we are to have guardianship of the English language. It is argued that the English language is so dominant as a result of the English empire during which we owned 3/4 of the earth.

As a result of so many people speaking English, it helps and hinders our international relations. For instance over 80% of the Dutch speak fluent English however the majority of English people are rubbish at speaking other languages sometimes to the extent of being ignorant and just simply expecting to go to other countries and for those people to speak English instead of their own language. This also extends into the media as in the case of 'if it isn't in English we aren't interested'. This could be why international safety instructions default language is English.

It is thought that everyone learns English and this stems back to the 1980's before the EU single market the Japanese wanted to learn English as they thought 'If we're going to sell to these people we meed to be able to speak to them'.

The whole thinking of the English language probably comes down to 'the right place at the right time'. We decided to invade and build our empire at the right time. It was especially fortunate that the British Empire was the one that was most powerful when the world started to mechanise.

English is a global language as a result of the speakers; however not to do with the number of speakers but who those speakers are such as politicians from all over the world speaking English. Power also influences the global language and what it is for example Latin was a global language during the Roman Empire (when the Roman military power declines, Latin remain as the international language due to a different sort of power: the ecclesiastical power of Roman Catholicism. Other influences on the global language includes political and military, economic, technological, and cultural power. Therefore English has become a global language as a result of the British Empire and it's past influences on the world alongside current politicians using it who are from all over the world among many other reasons. There are several problems associated to having a global language one of these being that those who have such a language as a mother tongue will be more able to think and work quickly in the language and to manipulate to their advantage. Also a global language will hasten the disappearance of minority languages; the danger that some people will celebrate one language’s success at the expense of others.

Why do we need a global language? It is important to have a global language particularly when people  are using different languages as they need a ‘lingua franca’ to communicate: e.g. a pidgin, a simplified language adopted by several ethnic groups along the West African coast to do trade. Mandarin Chinese (an indigenous lang.) emerged as a ‘lingua franca’ among the Chinese because it is the language of the most powerful ethnic group. International academic and business communities need a ‘lingua franca’ to communicate: e.g. to converse over the Internet between academic physicists in Germany, Italy, and India, or to discuss a multinational deal involving the Japanese, German, and the Saudi Arabian businessmen.

So what is the future of global English? It is possible that the English language is rejected because it isn't the easiest language to learn. It could also be bad for us due to contrasting issues particularly with the US. This is as a result of the Americans not being very popular and we also see them as being dangerous. This reflect badly on us as they are seen as being unpopular and speaking English (Not a good mix for promoting the use of the language!).

We are now in a critical era because within little more than a generation, we have moved from a situation where a world language was a theoretical possibility to one where it is an evident reality.Therefore if the English language is to survive it is important that it is protected therefore governments should allocate resources for language planning, whether to promote English or to develop the use of other languages in their community (or, of course, both).

- Esjae

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Business Notes: Work Based Learning - Writing A CV (2)

When writing your CV it is important that you DON'T:

• Do it in a rush
• Leave gaps in employment
• Lie
• Include irrelevant personal details (eg. marital status)
• Simply write a list of duties under work experience
• Use large or flashy font

It is important to stress that there is no single way to write a CV this is because it is your own document  so it can be structured and presented as you wish within a basic framework.

You just need to remember that you CV will be the first impression an employer will have of you. It is your marketing brochure through which you are trying to sell yourself.

When emailing potential employers with your CV don't leave the subject line blank as they will not read your email!

Comments from past recruiters:

What is the first thing you look for in someone's CV:

• Layout must be logical and easy to follow

What is likely to make you reject a CV:

• Spelling mistakes/ lack of information
• Bland CV

What is likely to make you seriously consider a CV?

• Good academic record
• Something about you as a person (hobbies, interests and extra curricular activities)
• Practical work experience (not necessarily related)
• Other evidence of ability to work with people or showing initiative.

What is your preferred format for CV?

• Typed
• Easy to follow
• Conventional format

- Esjae 

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Business Notes: Work Based Learning - Writing A Good CV

A CV is very important there for a good CV is vital. This is because your first impression is vital. There is not point having a good interview style if your application won't get you there.

When writing a new application, preparation is key. This is because each application needs to be targeted towards the role and company for which you are applying for.

To target your application successfully you need to know what your skills, experience and qualifications are as well as what the criteria for the job is and then find the overlap. This will enable you to see if you match the job and have the necessary skills etc required.

Auditing Your Skills (Transferable)

• Think about your key activities & achievements to date
• Break them down into tasks
• Identify the skills you have demonstrated/ achieved through this
• Provide evidence

What is a CV?

A CV is a biographical sketch of the course of one's life. It is a persuasive sales document selling yourself to an employer. It's all about you! Therefore it is an opportunity to show an employer why you are an ideal candidate for the job!

Everyone has potential.

A Good CV Will:

• Stand out from the crowd
• Draw attention to your relevant skills, experience, achievements, and potential
• Create such an impression on the employer that they will not be able to turn you down for an interview.

Types of CV Layout

Conventional (Recommended):

• Personal Details (Name, DOB, Address)
• Personal Profile
• Education & Qualifications (Most Recent First)
• Skills
• Interests and Hobbies (Past & Present)
• Referees (Contact Details: Name, Position, Company, Address, Phone, Email) x2 (One Academic and One Personal)

Skills Based:

• Personal Details
• Personal Profile
• Skills Profile
• Education & Qualifications
• Referees

Covering Letter

Always make sure you send a covering letter with your CV, this will help you to make a good impression. A covering letter should be no longer than one side of A4 and should be word processed unless you have been asked otherwise. You should make specific reference to the company you are applying for. You need to make sure you sell yourself but don't go over the top!

Planning A Covering Letter

• Opening (About you)
• Role you are interested in and why
• Why you are particularly interested in that company.

-Esjae x

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Business Notes: Work Based Learning - Employability

Global businesses are increasingly seeking graduates who have a global awareness and have studied or worked overseas as part of their learning. For UK graduates this means many/most are missing out due as they are less likely than international students to do this.

We currently live in:

• Knowledge based economies
• Competitive global markets

Therefore it is important to 'be a sponge' and take everything on board.

What is employability?

Employability belongs to you and it is your property. It isn't the same as getting employed or being employed. It is how an individual grasps the opportunities that are before them, it is also how someone reflect on their experiences. As well as how someone packages and presents the skills they have.

Employability is the knowledge, skills and attitudes that will support their future development.

There are three skills that make you employable, these are:

• Fundamental Skills
• Personal Skills
• Team Skills

Fundamental Skills include:

• Communication
• Managing Information
• Numerical Skills
• Problem Solving

Personal Skills include:

• Positive attitude and behaviours
• Taking Responsibility
• Adaptability
• Continuous Learning - 'Be a sponge'

Team Skills include:

• Being able to work with others
• Cooperation
• Leadership

The 10 most important skills that employers look for are said to be (in order of importance):

1. Communication Skills
2. Team Working Skills
3. Integrity
4. Intellectual Ability
5. Confidence
6. Character/ Personality
7. Planning & Organisational Skills
8. Literacy
9. Numeracy
10. Analysis & Decision Making Skills

Innovation skills are also very important when it comes to employability this is because: creativity skills tend to generate ideas which help businesses greatly in terms of remaining competitive; risk taking skills shows a person is entrepreneurial; relationship building skills this shows a person is good at networking and communication; and also implementation skills this shows someone has the skills to turn ideas into products.

Some people may ask is this all expected of someone who is taking their first job? The answer is yes they can or at least someone who is willing to be like this/ grow into it.

How does someone develop their employability?

The development of one's employability attributes and most importantly mapping examples to the list typically sought by employees. Alongside the development of one's self promotional skills and also have a willingness to reflect and learn.

- Esjae 

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Business Notes: Work Based Learning, Bill Gates Words of Wisdom

Bill Gates - Words of Wisdom


1. Life's not fair - Get used to it!
2. The world won't care about your self esteem. The world will expect you to accomplish something before you feel good about yourself
3. You will not make $60000 a year right out of university, you won't be a vice-president with a car phone until you earn both.
4. If you think your teacher is tough, wait till you have a boss
5. Flipping burgers is not beneath your dignity. Your grandparents had a different word for burger flipping: They called it opportunity
6. If you mess up, it's not your parents fault. So don't whine about your mistakes, learn from them
7. Before you were born, your parents weren't as boring as they are now. - They got that way from paying your bills, cleaning your clothes and listening to you talk about how cool you thought you were. So before you save the rain forest from the parasites of your parent's generation, try delousing the closet in your own room.
8. Your school may have done away with winners and losers, but life has NOT! - There are no second chances in life!
9. Life is not divided into semesters. You don't get summers off and very few employers are interested in helping you find yourself. Do that in your own time!
10. TV is not real life. In real life people actually have to leave the coffee  shop and go to their jobs.
11. Be nice to nerds. Chances are you'll end up working for one!

- Esjae

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