Contract Essay Example | Topics and Well Written Essays - 2000 words - 1

Contract - Essay Example All three cases are of Contract. The basic principle of contract law is "[t]he purpose of the law is to put the plaintiff in as good a position as he would have been in had the defendant kept his contract." 1 Principle of Incorporation: Within this principle, specifically the concept of mutual understanding is applicable which is â€Å"derived from the conduct of the parties that the conduct of hire was to be based on one of the party’s usual conditions’. 3 The first issue in the first scenario is whether or not the words â€Å"excellent reputation for being reliable† constitutes a misrepresentation, due to the fact that LLL were unreliable by arriving late and sending a limousine that was not clean and up to the mark. This was a common understanding developed that the service will be of good quality and presentable. The above statement could be seen as a mere puff (sales talk) which is not considered to be a statement of fact as courts would treat such as idle boasts with no contractual significance as in Dimmock v Hallet where the statement â€Å"Fertile and Improvable† was considered to have insufficient substance to be classed as a representation. Also the statement could be seen as an opinion as in Economides v Commercial Union Assurance Co Plc (1997) where estimate of content given to the insurance was considered to be a statement of opinion as he was not an expert thus not a misrepresentation. On the other hand, the above statement could be considered as opinion of a person in a better position to know the facts in which case it is misrepresentation as in Smith v Land & House Property Corporation where it was held that a statement of opinion from someone who knows the fact best is a statement of fact as the knowledge of fact justify the opinion. Furthermore, the statement was made by one party to the other i.e. LLL to AAA and if Lynda relied and acted on the statement to make her decision to give the contract to LLL, although the

Effective Leadership and Management of Starbucks UK Essay

Effective Leadership and Management of Starbucks UK - Essay Example According to chairman of the board, Howard Schultz, "You get more than the finest coffee when you visit a Starbucks-you get great people, first-rate music and a comfortable, upbeat meeting place." This is what the company calls "the Starbucks experience." The impacts of globalisation, the influx of Internet commerce and intense competition in the market have dramatically influenced management in order to sustain the organisation's existence. The primary business objective of a firm has evolved into creating strategic and competitive advantage. Starbucks reinvented the traditional coffee shops and created a global brand because of its corporate strategies and competitive edge. Strategic advantage is the product of synthesizing different learning of managers from sources such as personal insights, people's experiences and market research. Strategy is the plan that the organisation shall pursue in order to achieve the organisation's purpose. Developing a competitive strategy is developing a broad formula for how business operates and how it is going to compete. (Porter, 1980, p. xxvi) It includes the goals the organisation desired and policies needed to carry out those goals. However, the most successful strategies lie in the leader's vision (Mintzberg, 1994, p. 107). It is the role of leadership to give purpose and meaningful direction to the company and to cause organisational effort in order to achieve that purpose (Jacobs & Jacques, 1990, p. 281). Successful leaders understand that strategy is not stagnant but instead it is dynamic and changing. Creating strategic advantage requires a leader's deep understanding of the company's strengths, weaknesses, its competitive strategy, and its current and potential customers. (Porter, 1985, p. 4) Starbucks' mission is to "build customer loyalty around cappuccinos, lattes and other fancy beverages." Starbucks redesigned the coffee industry by shifting its focus from commodity coffee sales to the emotional atmosphere in which customers enjoy their coffee. Howard Schultz made it a point to visit his stores every week and talk with his employees. He spreads his unique gospel of how to run a business. He preaches his vision to as many people as possible in order to engage his employees to the strategies of the company. (Kim & Mauborgne, 2005, p. 74) The management of Starbucks has invested a great deal of resources to know and understand their customers' perspective. The knowledge that they learned is transformed and utilised to provide services, products and communications. These business processes are long lasting and consistent. The management of Starbucks are aware that customers are the company's most valuable asset. They make it a point to consider the pulse of the customers in creating their strategies. Starbucks create competitive advantage through a strategy of differentiation. The company offers coffee and fancy beverages, baked goods, and a unique experience that distinguishes them from other market players. Starbucks is good at making consumers feel special when they arrive at their regular Starbucks store because the barista knows the customer's preferred drink. Starbucks has an edge over their