Contract Law (Introduction to Business Law) Essay

Contract Law (Introduction to Business Law) - Essay Example s to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the â€Å"offeree.3† The â€Å"expression4† may take different forms. The intention element is an objective consideration and the case of Smith v Hughes 5emphasised the relevant consideration as being a focus on how a reasonable person would view the situation. Seddon et al further assert that the â€Å"test for existence and the scope for an agreement is that of an objective manner. When a test is objective, it takes account of what the parties actually did say in order to make an offer and agreement6†. Moreover, in the case of Storer v Manchester City Council7 it was asserted by Lord Denning that â€Å"a man cannot get out of a contract by saying: I did not intend to contract† if by his words he has done so†8. Furthermore, in the case of Acme Grain Co. v Wenaus 9it was asserted: â€Å"to constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person’s intention or a declaration of his willingness to enter into negotiations is not an offer and cannot be accepted so as to form a valid contract10†. Additionally, the law distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract11. For example, in the case of Gibson v Manchester City Council12, the words â€Å"may be prepared to sell† constituted an invitation to treat and not a distinct offer. Indeed, the Gibson decision challenged the traditional view for formation of contractual agreement. In this case, Lord Denning asserted that when considering whether there is a binding contractual agreement, it could be argued that: â€Å"there is no need to look for strict offer and acceptance. You should look at the correspondence as a whole and at the conduct of the parties and see therefore

Building Performance Management through Employee Participation Essay - 3

Building Performance Management through Employee Participation - Essay Example Workers should be granted the chance to give their views and amendments be made as fast as possible to avoid poor job performance. According to JM experience, employees play a major role in company management. This is because they are the ones to be governed and must choose the management system suitable for them and the company (Grote, 23). There are certain parts of the performance management system that cannot be changed by employees no matter the claims. These unchangeable sections of the system also govern the employer and company activities. According to JM company, employees are part of the company management system and should be involved in any decision-making. In any organization, the management committee or board members must always consider the employee view or feedback before establishing performance management system. This should be done to protect employee rights and freedom. Actually, an employee should always have a conducive environment to attend to his or her job positively. The kind of performance management systems to be established should be employee friendly. Another way of making improvements in this type of system is employee motivation. This should be present in the system to enhance quality in employee performance. In most cases, the motivation is done through rewards . In the process of employee assessment, the hardworking should get a reward as tokens of their hard work while those who are found average should be advised accordingly (Rao, 16). Through rewards, employees will be dedicated to their work with the aim of being a reward winner. Companies that come up with a new performance management may face a lot of challenges linked to employee job performance. When they are forced into the rules and regulations of the new management system, they may find it very difficult to adapt hence have negative attitudes towards their jobs. This can in turn