Competitive business environment - Free Essay Example

Sample details Pages: 31 Words: 9391 Downloads: 1 Date added: 2017/06/26 Category Statistics Essay Did you like this example? Chapter 1: Introduction 1.1 Background to Context In a highly competitive business environment organisations have to generate and sustain higher profits to survive and achieve stable growth in future years within the context of globalisation (Wolfson, 1998:5). The easiest and most practical method of generating profits is to increase the level of sales in a company. This level of sales can be increased through various methods such as implementing effective and efficient marketing strategies and focussing on satisfied customers. Don’t waste time! Our writers will create an original "Competitive business environment" essay for you Create order Attracting new customers is more difficult in comparison to retaining previous customers. It is without doubt that the attraction of new customers would require additional costs and expenses related to marketing and promotional campaigns. (reference this if you can ask the question says who then it should be referenced) The most important and significant strategy of retaining old customers is to keep existing customers satisfied (ref). The satisfaction level of customers is affected (would influenced be better than affected) by a number of variables such as, quality of products, prices of goods and the level and quality of service and support provided by the personnel of an organisation. This implies that if customers are satisfied they will continue buying products from an organisation, their satisfaction and the service and support provided by employees of that organisation plays an increasing role of the success of an organisation (Kuballa, 2006:10). The employees will provide excellent services and support if they are satisfied (satisfied with what?) and company management needs to keep (ensure) the workforce/sales force is consistently highly satisfied and motivated. The motivation and satisfaction of employees especially the sales force within an organisation is of high importance for them, as both the commitment of these employees in achieving the objectives of an organisation and customer satisfaction levels are dependent on the motivation and satisfaction levels of employees (Ekerman et al, 2006). (Do you need a paragraph explaining the terms satisfaction and motivation at the beginning? It may help the reader). Many organisations regard the workforce and employees (are workforce and employees not the same?) as important assets, who are responsible for achieving the overall aims and objectives of an organisation (reference). Companies and management of companies implement various motivational techniques and strategies to increase productivity levels of employees and effectively resolve and deal with various human resource management issues (Mullins, 2005:834). Managers can motivate employees using various techniques which include excellent and competitive salary and remuneration packages, awarding bonuses and incentives, improving working conditions (including the environment), increasing the level of employee involvement in the decision making process which in turn creates a sense of empowerment on the part of an employee (reference). (deleted the) Managers in organisations can increase employee motivation levels by providing both intrinsic and extrinsic rewards to employees in different fo rms (Mullins, 2005:473). Money and cash rewards are one of the best motivators of employees in any context and employees can be motivated quite effectively through cash and money rewards or rewards which are materialistic or quantitative in nature (Axelsson and Bokedal,2009). Application of different techniques of motivation in organisations is of high importance not only to ensure increased level of employee satisfaction but also to ensure increased quality of goods and services having a direct impact on the level of customer satisfaction (deleted words here) which will eventually increase the profit of a company (reference). The sales force in an organisation is one of the most important workforces elements of an organisation; they are directly responsible for increasing and maintaining the level of sales within that organisation. The techniques and strategies of motivation become more important where human resources and personnel are abundant and there is significant competition in employee recruitment and hiring (reference). Scholars, practitioners, researchers and authors have emphasised the importance of applying effective motivational techniques over the years and argue that motivating employees is one of the most important functions of managers within an in organisations and if organisations want to succeed on a long term basis they need to consistently motivate employees and achieve high levels of employee satisfaction (reference). Providing employees with an incentive in the form of promotions, bonuses and other intrinsic and extrinsic rewards increases the level of employee motivation within an organisation (reference). The implementation of motivation techniques especially monetary based or extrinsic rewards is applicable and effective in any context whether large or small (ref). The companies operating in countries where human resource is abundant and economies are dependent on human beings such as China, India, Vietnam, Taiwan and Philippines need to implement and apply effective strategic moti vational techniques in order to retain employees and attract skilled and experienced workers (ref). There are a lot number of organisations that have outsourced their operations to thee these regions due to low cost of labour and human resources but the fact remains that these regions have a very competitive human resource environment and managers in these organisations need to be both diligent and vigilant in motivating employees especially through monetary incentives and benefits (McCourt and Eldridge, 2003). 1.2 Objectives During my job As part of my role as department manager in Toys R Us I had the opportunity to work closely with various salespersons that were paid by the company in various ways depending upon their performance and the designation they had in within the company. Some people individuals were rewarded with bonuses and incentives quite handsomely while others were never rewarded at all. This made me wonder and question whether money and monetary benefits had any significance and importance in increasing the motivational level of employees and whether or not financial remuneration impacted on the retention retaining of these employees within and the organisation. The main objective of the (what does the refer to Yours or some one elses) current research is to analyse and interpret the motivational theories and concepts especially with respect to monetary incentive techniques of motivation. The research (your research I think?) will focus on the motivational techniques and extrinsic rewards used by managers in various companies to motivate employees and increase the level of satisfaction of employees. The study will evaluate and analyse several motivation techniques and the implications of these techniques on employee satisfaction and performance within an organisation. The current scenario (what is the current scenario do you mean in terms of your own study i.e. there is a paucity of literature relating to .) of motivation is quite limited as there is a lack of research in role of money and monetary benefits as motivational forces of individuals and employees. The information and research which is present available is considered quite invali d in the current scenario (what is this current scenario Do you mean the focus of your study!!!!) especially motivating the sales force through monetary incentives and benefits. The research will specifically focus on the following objectives. Studying motivation as a significant force in an organisation Evaluating motivation as a tool for accomplishing success in an organisation Motivational theories and their implementation in the workplace Impact of monetary incentives in motivation and satisfaction of employees Importance and benefits of monetary incentives in motivation of employees 1.3 Rationale for Objective The theoretical framework of motivation and achieving employee motivation is quite comprehensive and all students who complete their studies in business management know are familiarised with the basics of employee motivation and these students further in turn go on to become managers in organisations in their professional career (ref). The knowledge of theories and techniques of motivation is not enough for achieving employee motivation within an organisation (ref). Managers need to understand the importance of motivation and realise the significance of motivation as a success factor for organisations (ref). Although managers have knowledge of the theories and techniques of motivation they fail to apply these theories in the workplace (ref). The importance and impact of monetary incentives on employees and the role of money as a motivator is taught and discussed quite significantly but managers still fail to recognise this fact (ref). Even today the most significant factor leading to shifting the movement of employees from one organisation to another organisation is the better compensation and monetary benefits. In todays competitive world and especially after the global financial crisis took toll it has become quite important for companies to retain efficient employees and one way of retaining efficient employees and attracting talented work force is to provide competitive compensation packages and motivate employees through monetary incentives (ref). Therefore this research will analyse the theoretical framework of motivation through monetary incentives and find identify how this framework can practically be implemented in the workplace. 1.4 Research Hypothesis The current (do you need the word current?) research is carried out based on a hypothesis and data is collected and analysed from various primary and secondary sources to evaluate this hypothesis by implementing an appropriate approach to research selected for the research. The hypothesis formulated and established for the current research is that motivation is the most significant factor for the success of an organisation and employees, especially sales force, can be motivated effectively through monetary incentives. 1.5 Research Questions- is your supervisor happy with this section? The research hypothesis described in the previous section is tested and evaluated while conclusions to the current research are arrived at by finding appropriate answers to the research questions presented here. The research questions are designed with an objective of not to be exhaustive and other information which is considered to be useful for achieving the objectives of the current research will also be incorporated into the research. The research questions are presented below. What is the significance of motivation in organisations in the modern era? What conceptual frameworks of motivation can be used by managers? Which motivational techniques are mostly applied and implemented by managers in organisations? Is employee satisfaction important for growth of an organisation and does motivation through monetary incentives impact employee satisfaction in any way? Should various techniques of motivation be implemented in organisations by managers or is motivation through monetary incentives sufficient for achieving employee satisfaction? 1.6 Scope The scope of the current research includes and is limited to the research methods and approaches explained in the research methodology chapter of this report. The research deals with the analysis of motivational techniques and the importance of monetary incentives for motivating a sales force within an organisation. The theoretical framework of motivation will be analysed through a comprehensive review of literature coupled with an analysis of data collected from various sources to analyse how the theoretical framework can be implemented practically within organisations. The research will specifically focus on the implementation of monetary motivational techniques to find how a sales force within an organisation can be motivated through monetary incentives. The scope of this research is limited in various ways (WHY Important bit) but all information which is deemed significant for achieving an effective outcome will be incorporated in the research. 1.7 Disclaimer The current research has been performed and completed undertaken after proper authorisation and acceptance of the dissertation supervisor. The information and data has been presented in the research after sufficient assurance and consideration that all copyright and plagiarism issues have been addressed throughout the entire covered during the whole research process. Written permission was acquired from the research supervisor before contacting the respondents and participants of the research and utmost care was taken to safeguard the personal and private information of these participants and no personal information has been shared without their consent (?In accordance of the Data Protection Act). This report is prepared in such a manner that it does not seem exhaustive to readers in any way. Even though the research study has been performed with extreme vital and important business decisions should not be made based on the research report. The research report is distributed with a s ole intention of increasing human knowledge and should not by any means of trade, commerce or otherwise be redistributed, lent out, hired out or sold commercial or for business purposes with an intention of making a profit without the prior authorisation and acknowledgment of the researcher and supervisor. Do you have Toys R Us permission to do this study 1.8 Structure of Report The dissertation report is organised in various chapters and the layout of the report is described below. Chapter 1: Introduction The first chapter of the dissertation is the introduction chapter and explains the background of the current research within the context of this research. The background to context section introduces the basic concept of motivation and establishes a firm foundation for the research to be carried out. The background to context explains the context to which motivation and the theoretical framework of motivation belongs along with the significance of motivating employees through monetary incentives within an organisational context. The primary objectives of the research are also explained in this chapter to provide an overview of the research to the users of this report and what results should be expected from the result. The objectives section also explains how the researcher will accomplish these objectives during the research process. The rationale for selecting specific objectives in the current research is also explained in this chapter. The research hypothesis established for the current research is also discussed in this chapter along with the research questions supporting this hypothesis, which the researcher will try to answer during the research. The scope of the research along with the disclaimer and structure of report are also explained outlined in the last sections of this chapter. Chapter 2: Literature Review The literature review chapter is the second chapter of this report and provides a comprehensive and thorough review of the literature relevant to the concept and theories of motivation and the various techniques of motivation along with motivation through monetary incentives. The chapter presents a comprehensive explanation and review of literature studied for the purpose of this research and the data collected from various sources such as journals, books, periodicals, previous research studies and websites in the area of motivation and techniques of motivation. The chapter provides and overview of various theories and concepts of motivation presented by various renowned practitioners. Various models and frameworks for increasing motivation and satisfaction level of employees within an organisation are also discussed in the literature review chapter of the report. The chapter also presents various kinds of motivation including intrinsic and extrinsic motivation. Chapter 3: Research Methodology The third chapter of the report explains various research paradigms and approaches which, are available at the disposal of a researcher. The chapter explains qualitative and quantitative approaches to research along with their advantages and disadvantages. The various methods of collecting and analysing data are also explained in this chapter along with their advantages and disadvantages. The nature and process of collecting primary and secondary data through various sources such as interviews, group discussions and survey questionnaires are also discussed in this chapter. The research methodology chapter also explains the proposed research methodology applied in the current research and the strategy to gather and analyse data from primary and secondary sources. Chapter 4: Findings and Observations The findings and observations chapter is one of the most important components of a research as it presents the findings, observations and results after a comprehensive and thorough analysis of data collected from various sources. This chapter presents the interpretation and analysis of the gathered data in a systematic manner which eventually leads to effective conclusion from the research. The methods of implementing motivation techniques are analysed in this chapter with a specific focus on motivation through monetary incentives to motivate the sales force within an organisational context. The chapter evaluates the research hypothesis presented in the first chapter of the report in order to accept or reject that hypothesis while answering the research questions and eventually deriving a valid and logical conclusion to the research. Chapter 5: Conclusions The last chapter of the dissertation report is the conclusion chapter which presents the overall results of the research and provides the conclusions arrived at after thorough analysis of primary and secondary data and review of literature in the research. The research hypothesis which was evaluated in the findings and observations chapter is accepted or rejected in this chapter. The conclusions chapter also explains the recommendations and limitations of the current research so that any further research in this area can be carried out effectively and efficientl Chapter 2: Literature Review 2.1 Introduction- overall you need very robust referencing here if you can say says who? it needs to be referenced Organisations in the current world are regarded as economic powerhouses because they contribute in the overall development of a country (ref). Organisations are getting bigger and stronger day by day and newer methodologies are incorporated by them so that they can benefit in both the short and the long run (ref). There are different terminologies that are incorporated by organisations because their core objective is to succeed in the competition. Employees are regarded as the assets of organisations and most of the forward looking organisations focus a lot on their employees (ref). Employees on the other hand coordinate with their respective organisations and in this manner a prospective relationship is created in such way that both the parties benefit in both the short and the long run. Although, employees are regarded as the assets of their respective organisations but treating these assets in a proper manner is considered as an important task (ref). Although there are different important factors and departments that are working in collaboration with each other like marketing, finance, human resource management etc but sales and marketing is considered as the most influential element of an organisation because in the longer an organisation operates and excels through sales and marketing department (ref). This paper analyses different aspects of motivation and how an organisation motivates its employees. In the similar manner the core aspects that is discussed in this research paper is that what role does monetary incentives play when a sales forces is being motivated. However, this chapter would only incorporate different theoretical concepts that are attached with the aspect of motivated and different motivational theories are discussed in detail. Referencing in this section needs a lot of attention! 2.2 Motivation An Overview Motivation is considered as an important factor for nearly all the organisations that are working in the corporate arena. Motivation in a broader sense is basically the activation of certain goal oriented behaviour (ref). Motivation is actually a force that forces an individual to work hard and harder in order to achieve both monetary and non-monetary rewards. This aspect is more visible in an organisational perspective where certain managers are working under the direction of directors and these managers are heading certain subordinates. The core objective in an organisational perspective revolves around efficiency of work and motivation. The employees are motivated by work allotted to them and different monetary and non-monetary rewards that are given to them in both the short and the long run. Motivation in a broader perspective is classified in two forms. These two forms are intrinsic motivation and extrinsic motivation. In a general perspective the term of motivation is used to express the motivational behaviour of humans but in a broader perspective animal behaviour is also explained through it. Motivation is associated with the aspect of incentives, enthusiasm or certain level of interest that actually causes a specific action or results in certain behaviour. Motivation is not only present in business settings it is present in nearly every aspect of life. Like If an individual is hungry then he/she is motivated by food. In the similar manner there are different related examples in this regard. Education is directly motivated by the desire of knowledge. In other words it can also be said that motivation is associated with everything that possess reward and coercion. However, it can be clearly said that the aspect of motivation is of utmost importance and it is beneficial in both the short and the long run. Specially, in a business oriented environment an organisation cannot perform well when its employees are not motivated appropriately. Motivation is dir ectly related with the aspect of coaching and in a broader sense it can be clearly said that motivation and coaching go hand in hand with each other. The element of coaching and motivation is like teaching and education. References through out this section!!!!!!!!!!!!!!!!! Motivation can be explained in different aspects like motivation can be explained as the phenomenon that drives individuals to do something. Things that are done are actually linked with certain rewards or they have certain consequences. The rewards or consequences that are attached with the scenario of motivation can be of course tangible benefits such as financial rewards, appraisals etc. In the similar manner the consequences attached can be considered as the risk of losing the job etc. There are certain other benefits that are less obvious in both the short and the long run but they motivate an individual to perform certain tasks. These benefits are a pat on the back, recreational facilities in an organisation etc. (Grazier,1998) believes that believs that different members in an organisation are motivated towards the actual needs of an organisation. Grazier also emphasised on the scenario that the expectation of different rewards and benefits motivates an employee in an organisa tion to work hard in both the short and the long run. The researcher believes that Each day brings with it an endless list of decisions to be made. The process of making those decisions is driven, in large part, by the hope of a benefit or the fear of a consequence (Grazier, 1998). Referencing very very poor need more in this 2.2.1 Types of Motivation Motivation is considered as a broader perspective and that is the reason why it has certain types. Generally, there are four types of motivation which are considered as to be achievement motivation, affiliation motivation, competence motivation, power motivation and attitude motivation. However, in a broader perspective there are two classification of motivation which is considered as intrinsic and extrinsic motivation. Both the general and broader types of motivation are explained below: Motivation types look at tenses below have you lifted some text from papers etc you need to really look at your referencing 1. Achievement Motivation Achievement motivation is basically the drive to pursue and attain gaols. An employee that possesses achievement motivation and who actually wishesd to achieve the objectives and advance up the ladder whenever an opportunity is given. This approach is very similar to the Kaizen approach of Japanese Management. 2. Affiliation Motivation The affiliation motivation is related with the aspect of peoples drive which is on social basis. Persons with affiliation motivation perform in a better way and ultimately it results in favourable attitudes and cooperation. 3. Competence Motivation The competence motivation is a drive that is revolved around the scenario to be good at something. It directly allows an individual to perform high quality work. When people are competent then motivated people seek job mastery and they take pride in solving different problems when they are facing different obstacles. In this form people actually learn from their experience. 4. Power Motivation The power motivation is basically a drive which is used to influence people and change different situations. These types of individuals are more diverged in creating an impact on their organisation and that is the reason why they are willing to take risks. 5. Attitude Motivation Attitude motivation is related with the aspect that how people think and feel. It is directly related with the element of self confidence and what is the belief of people in themselves it also incorporates the element that what is their attitude towards life and how they feel about their future. 2.2.2 Kinds of Motivation Generally motivation is of two kinds which are named as extrinsic motivation and intrinsic motivation. 2.2.2.1 Intrinsic Motivation The element of intrinsic motivation is considered as a major concern in todays world because this form of motivation is implemented by different organisations (ref). Intrinsic motivation is a considered as a growing area on concern because it is used to reinforce different employees and learning communities. The core ideology of intrinsic motivation has actually evolved from psychology and has been closely related with the concept of cognitive psychology (Deci and Ryan, 1985). Motivation is generally applied in the workplace and different researches depict that motivation plays a vital role in the development of leadership. According to (Deci and Ryan 1985) defined intrinsic motivation as Intrinsic motivation is defined as the doing of an activity for its inherent satisfaction rather than for some separable consequence. When intrinsically motivated, a person is moved to act for the fun or challenge entailed rather than because of external products, pressures or reward (Deci and Ryan, 1985). In the similar manner it can also be said that incentives as implied by the name is related with the aspect of personal qualities, intentions and values. The satisfaction that is attained from such incentives can be considered as intrinsic. These types of rewards are beneficial in both the short and the long run because they motivate an individual from insight and that is the reason why individuals who are internally motivated perform well and ultimately organisations benefit in this regard (Atkinson and Walker, 1956). However, in certain conditions intrinsic motivation might be considered as unnecessary to an individual because he/she is looking for monetary rewards. That is the reason why organizations usually try to form a complete of both these factors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.2.2 Extrinsic Motivation These rewards are usually associated with the element of money and different monetary aspects. It can be said that extrinsic motivation is used to reduce the aspect of intrinsic motivation but this is not viable in all circumstances. Different researchers have actually emphasized on different aspects and it is depicted through research that monetary rewards definitely increase an individuals performance and different incentives urge an individual to perform more and more (DiClemente and Velasquez, 2002, cited Miller and Rollnick, 2000). In the scenario of intrinsic motivation people need time to make wide range of choices, novel events and unexpected possibilities. They need certain amount of time and freedom to make different choices in different scenarios. However, in the scenario of extrinsic rewards people are more attracted towards shortened time perspectives and that is the reason why the final result achieved is much more efficient however, it is also subject to predefined job . The element of job commitment and long term commitment of an individual may be affected negatively. Rewards and benefits in most of the conditions are tangible and in certain conditions there are intangible rewards like appreciation, a smile of supervisor, etc. The tangible rewards are associated with extrinsic rewards and due to these rewards employees of an organisation are extrinsically motivated and through intrinsic rewards employees are intrinsically motivated. 2.3 Theories of motivation There are different theories that are associated with the element of motivation. However, there are certain common theories that are followed by many organisation of todays world. The core theories of motivation are discussed below: 2.3.1 Taylor Frederick Winslow Taylor used motivation a lot in his proposals and managerial models and that is the reason why they developed an idea that workers are motivated mainly by pay. His theory comprised of different aspects like workers are not satisfied with the working condition or they usually dont enjoy doing work that is the reason why they need close supervision (McClelland and Boyatzis, 1982). That is the reason why management should break down the element of production into small series of tasks. His entire theory focused on the scenario of financial rewards and he believed that workers are paid according to the number of item they produce and this phenomenon is known as time-piece-rate pay. Through these financial rewards workers can definitely enhance their production levels and they can be satisfied too. Taylors methods are widely accepted in todays world and they are used to reduce the cost of the production system. Henry ford is considered as a first individual who utilized Taylors models in his production lines. That is the reason why that era was considered as an era of mass production. However, different researchers believe that Taylors approach is related with the aspect of autocratic management which is that managers take all the important decision and the subordinates follow these decisions (Emmons, 2003). However, in the longer run people disliked Taylors approach because they were getting bored of doing repetitive jobs and they were working and characterised as human machines. 2.3.2 Mayo Elton Mayo believed that all the workers that are working in different organisations can be motivated if there social needs are met while they are working. He also introduced the human relation school of thought in which the managers of different organizations took interest in communication and then he actually realized the fact that people like interacting with people and they are very much motivated when their social needs are fulfilled. This aspect was not incorporated by Taylor (Wong, 2000). The entire series of experiments that were incorporated by Mayo were based on Hawthorne studies and was conducted on Western Electric Company in Chicago. Mayo found out that better communication between the manager and the workers benefit an organisation in both the short and the long run. In the similar manner he also found that if managers are given proper working conditions and a healthy environment then they can perform well and they are motivated. In the similar manner it can also be said that managers like working in groups and teams (Grazier, 1998). In a practical way it can be said that businesses should organise themselves in broader sense and they should view all the factors when they are motivating their employees. 2.3.3 Maslow This theory is considered as Neo-Human relations theory and it was presented by Abraham Maslow. The main aspects of the theory were presented in 1950s and this theory focused on the psychological needs of employees. In the current scenario it can be clearly said that Maslows theory is used and implemented by different organisations and the entire theory is comprised of five levels of human needs which employees believe they need to fulfil at work. All the needs are categorised below in a hierarchy. The lower needs should be fulfilled in order to generate an appropriate level of motivation. That is the reason why the base of this pyramid comprises of physiological needs. This type of needs incorporates elements like hunger, thirst etc (Sanzotta, 1977). Once this level is fulfilled then an individual jumps up to the next level which is known as needs that are based on safety and this level is characterised as safety needs. This level can be achieved once an individual as incorporated e lements like security and protection. The next level of needs is characterised as social needs or the needs of self belongingness. These needs are fulfilled when an individual enters into different relationships and he/she is socially accepted among his/her peers and family members. In the similar manner there are two stages that are placed at the end of the pyramid and an individual that possess highest level of motivation will reach at that point. These points are known as the state of self esteem and the stage of self actualisation. 2.3.4 Herzberg Herzberg had close links with Maslow and he also believed in the two factor theory. However, his theory was based on certain factors that would directly motivate the employees in the organisation through these factors employees can work hard too. There are two basic factors that are discussed in the theory of Herzberg and these two factors are discussed below: Motivators: Motivators are associated with the actual job itself and they directly motivate an employee to work harder for the benefit of their respective organisations (Maslow and Stephens, 2000). Hygiene Factors: These factors are not directly related with the job itself but they have the tendency to de-motivate an employee if they are not present in an organisational structure. Herzberg believed that businesses should motivate an employee by adopting a proper democratic approach towards business and he also stressed on the factors that can be adopted by managers to motivate their subordinate. These factors are discussed below: Job enlargement: There are different tasks present and workers are assigned different tasks to make their jobs interesting. Job enrichment: This element can give the workers a great sense of achievement because workers are given interesting work. Empowerment: This is the phenomenon is which workers are given the permission to take their own decisions (Murphy, 2009). Chapter 3: Research Methodology 3.1 Introduction The tools, techniques, approaches and methods used by the researcher to collect, interpret and analyse data are presented in this chapter. The main objective of this chapter is to present the methods, tools and techniques applied by the researcher in this research to analyse and evaluate data gathered from various sources. This chapter covers an explanation of qualitative approach to research with its advantages and disadvantages. The justification of the selected research methodology along with the reliability and validity of data and limitations of the current research are also explained in this chapter. 3.2 Research Methodology The process of collecting, gathering, interpreting, analysing, observing an evaluating previous data from several sources such as periodicals, journals, books and websites along with an analysis and evaluation of data collected for the first time from new sources is referred to as research methodology. The extensive study, observation and analysis carried out by an individual or a group of individuals or various entities to enhance knowledge and quality of information present in a specific discipline or area of study is research methodology. The study of this particular area of study to test a previously established hypothesis or test a new hypothesis is covered in research methodology (Bhattacharyya, 2007). According to (Goddard and Melville, 2004) research methodology tries to explain, interpret or describe the methods or tools for collecting data, ways for analysing and evaluating this data so that logical and verifiable conclusions can be derived in a particular area of study. A researcher cannot carry out an effective and useful research just by collecting data from various secondary and primary sources and analysing it but the research has to be supported by conclusions derived from previous researches and work of other practitioners. Research methodology is basically two fold which includes both research and methodology where both components are necessary and complement one another. Both of these components are necessary to carry out a useful and valuable research. (Walden, 2006) Also supports the explanation that research is not just comprised of collecting data from various sources and putting it together but is an extensive and comprehensive process of analysing, interpreting and evaluating data gathered from both primary and secondary sources. 3.3 Qualitative Approach to Research Under the qualitative approach to research a new hypothesis is usually formulated and tested instead of evaluating a research hypothesis which has been established previously. The richness, strength and potency of a situation, problem, occurrence or phenomenon is tested and evaluated though patterns of behaviour and life experiences under this approach to research. The qualitative approach to research is based on a model which implies that the abilities, beliefs, perception, knowledge and skills of a researcher play a very significant role in a research. Researchers conducted in various areas including psychology, sociology, economics, marketing, management and other disciplines of study usually incorporate the qualitative approach to research (Burns and Grove, 2004). 3.3.1 Advantages and Limitations Advantages Qualitative approach is flexible and can be moulded based on specifications of a research. The researcher is more actively involved in research The participants and respondents are more actively involved in the process of research Extensive knowledge and information is extracted by using this approach (Harrison, 2001) Disadvantages Biasness of the participants and researcher towards the whole research or any part of the research Emphasis is laid on subjectivity rather than objectivity Requires extensive time for thorough analysis and evaluation (Harrison, 2001) 3.4 Proposed Research Strategy In order to carry out an effective research the researchers has to select an appropriate research methodology which comprises of a relevant research approach and an effective tool for data collection. The current study has been carried out by implementing the qualitative approach to research while focussing on an analysis of secondary data as ample data is available through books, journals, periodicals and websites regarding the motivation of a sales force and the researcher feels that any primary research carried out in this regard would yield results quite similar to previous researches carried out in this regard. The implementation of motivation techniques and the application of the theoretical framework of motivation will be analysed through data and information gathered from secondary sources and an extensive and thorough review of literature available on the subject. The qualitative approach to research will be applied in the current research to analyse and evaluate the data collected from various secondary sources. The qualitative approach to research has been explained quite thoroughly in this chapter with the advantages and limitations of the research so that users of the research report may realise why the qualitative approach to research has been applied to analyse data in this research. The researcher will analyse the implications of applying motivational techniques in an organisation with specific focus on a sales force within the organisation and evaluate the impact of these motivational techniques on the efficiency and satisfaction of the sales force. As the current research is mainly based on secondary data the literature review chapter is quite significant in this dissertation report as it provides the information which will finally be analysed and incorporated in the findings and analysis chapter of this report. The secondary data was mainly used in this research due to various advantages and the two most prominent advantages being the time and cost effectiveness of secondary data. As the objectives of the current research can be accomplished by only analysing data from secondary sources the researcher has ruled out the collection and analysis of primary data due to several limitations which would have considerably affected the final outcome of the research. 3.5 Justification for Proposed Methodology The current research incorporates the interpretivist or phenomenological paradigm of research due to various advantages of the paradigm. The main factor for selecting this research paradigm is that the research carried out in phenomenological paradigm is descriptive in nature and a thorough and comprehensive literary and theoretical analysis can be carried out along with an evaluation of the practical implications of applying any theoretical concepts to practice (Onwuegbuzie, 2002). The phenomenological or interpretivist paradigm implies that researchers and practitioners can partially observe or measure reality by analysing and evaluating patterns of behaviour, attitudes and beliefs. Although these patterns which are analysed by researchers can be expressed in qualitative terms but they cannot be completely measured or quantified due to the subjective nature of these patterns. A researcher is able to arrive at generalised conclusions due to the qualitative properties and subjective nature of the phenomenological paradigm. The researcher can analyse, test and evaluate the behaviour of human beings in a qualitative manner under this paradigm (Wright, 2006). As the paradigm implemented in the research is the phenomenological paradigm the researcher has implemented the qualitative approach to research as it is the most relevant and realistic approach which can be implemented under this paradigm. As mentioned earlier the qualitative approach to research has been implemented due to several advantages of the approach which have been explained earlier in the report. The researcher has incorporated secondary data in the current research also due to the advantages of secondary data which have also been explained in the previous section of the chapter. 3.6 Reliability and Validity of Research The validity and reliability of data analysed and evaluated by the researcher needs to be considered and tested in order for a research to be authentic and realistic. Several steps and measures are taken by the researcher to test the collected data and analyse if the data is accurate, valid, relevant and reliable and verify that the data is free from any biasness and errors. The reliability and validity of qualitative data is hard to analyse and the most common practice implemented to test the validity of qualitative data is to evaluate the number of repetitive patterns. If the patterns are repetitive and certain concepts, theories and models are described by many authors, practitioners and researchers in a similar manner then the data is deemed to be valid and authentic. If a phenomenon or behaviour is observable among a general population in significant proportions rather than a specific sample and when a theory or concept related to that behaviour is repetitive it is deemed to be reliable and valid. The validity and reliability of a research or study are mostly dependent on a researchers ability to conduct and complete an analysis and evaluation during a research in an effective and efficient manner without falling victim to any sort of errors or biases (Cohen et al, 2000). 3.7 Limitations of Research There are various limitations of the current research because of several factors which affect the analysis, collection and evaluation of data and the eventual outcome of the current research. The current research is limited due to several issues which include minimum or ineffective information and data, inability of the researcher in carrying out an effective research, tight time schedule, lack of interpretation and analytical skills, limited availability of resources with respect to cost and lack of support from primary research sources such as respondents and participants which could be incorporated in the research. The outcome of the research is limited due to many reasons and the reasons mentioned here are only some of the significant factors which render the research limited or irrelevant. Similar to most researches this research is also limited in several ways and the most significant limitation of the current research are the lack of resources and time on part of the research er and the limited time available along with the minimum resources at hand the researcher was unable to carry out a more comprehensive and thorough research. The research could have been more effective and relevant if the researcher had more time and resources available during the research process and in the analysis and evaluation phase as well. The biasness of the researcher in any respect to this research along with the biasness towards the specific objectives and concepts covered in the research. The analytical and interpretative skill of the researcher with respect to the gathering, evaluation and interpretation of data adds to the limitation of the research. As the research is based primarily on secondary data the research this poses a significant limitation for this research. Any limitations in the previous researches or data collected from secondary data also cause the research to be limited in various ways. The biasness of respondents, participants and researchers of previo us limitations not only cause previous researches to be limited but also add significantly to the limitations of the current research. The validity and reliability of data in the current research has been tested and evaluated personally by the researcher and any inefficiency or ineffectiveness in this regard adds to the limitations of the research. The research is also limited due to any limitations of the techniques, approaches, tools and methods incorporated in the current research. 3.8 Summary The research methodology covered the research paradigm, approaches, methods, tools and techniques of research applied in the current research to gather, interpret, analyse and evaluate data gathered from various sources. The chapter covered an explanation of research methodology along with a description of various tools and techniques of research. The qualitative approach to research which has been applied in the current research was also explained in detail with advantages and limitations to provide the researcher and users of this report with an explanation of the research approach and its benefits which eventually make the current research more effective. The proposed research strategy covers a major and main portion of this chapter and explains the paradigm, approach, methods, techniques and tools for gathering, analysis, evaluation and interpretation of data so that valid and logical conclusions can be derived from the research. The chapter also presents a justification of the s elected research methods and approach applied in the current research. The last sections of the research methodology chapter include the reliability and validity of data along with limitations of the current research. The next chapter of the research report is the findings and observations chapter which covers the analysis and evaluation of data collected by the researcher from various sources. Is your supervisor happy with this research approach? Chapter 4: Findings and Analysis 4.1 Introduction Different researchers have different opinion as far as the incentive system is concerned. Organisations believe that both monetary and non-monetary aspects are necessary to motivate the employees specially the sales force of an organisation. Sales force is considered as an important aspect of most of the organisation and that is the reason why motivation of employees that are working in the sales force is generally a tough task because they are the people who sell an organisations products and services. In the similar manner it can also be said that sales people are also classified as the running blood of different organisation that is the reason why utmost importance should be laid to motivate these employees. This chapter tests the hypothesis that monetary aspects are the most important ones to motivate the sales force of an organisation. The case study approach is used in this chapter and through the analysis of secondary sources different organisations are evaluated in this rega rd. Referencing weak!!!! 4.2 Review of secondary sources This section focuses on the analysis of different organisations that are employing their sales forces and they are motivating them with wide and varied strategies. The analyses of certain organisations are given below: 4.2.1 Wal-Mart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wal-Mart is considered to be the retail giants and they are amongst the highly ranked organisations of the world. Wal-Mart stresses a lot on employee motivation and that is the reason why they employ wide and varied strategies in this regard. The first and the foremost strategy that is used by this organisation is that the managers stresses a lot on monetary benefits like salary, bonuses and increments. The sales force in Wal-Mart is given certain targets and once they have achieved their targets than they receive bonuses in the form of financial rewards (Birkinshaw and Goddard, 2009). Different officials of this organisation also believes that although intrinsic rewards are beneficial for an organisation, financial rewards result in increased motivation because the purchasing power of an employee increases and ultimately an employee works more through which he/she receives more and more rewards. Therefore, the ultimate result is that once the employees of the organisation are motiv ated they will then work hard for their own benefit and for the benefit of their respective organisations. . . . . . . . . . . . . . . . . . . . . . . . . . . . In the similar manner it can also be evaluated that Wal-Mart is an organisation that gives several bonuses and monetary benefits to their employees because they are conscious of the fact that once the sales force is satisfied with the amount of money they are receiving then they would see a respective improvement in their motivation. References!!!!! 4.2.2 Unilever Unilever is a mammoth organisation as far as production of items and management of employees is concerned. Unilever operates in more than 80 countries and possess more than 1000 brands. All these brands are tailored from different regions and countries. That is the reason why in order to maintain the company running in fine tune, satisfaction of employees is a necessary factor. In Unilever it is their strategy that all the salaries of the employees whether they belong to the sales team or not are linked with their performance. In Unilever emphasis is laid on both extrinsic and intrinsic rewards and employees believe that combination of both the rewards is beneficial for them (Restima, 2001). This organisation has wide and varied awards for their sales force and there are certain general awards. Most of the awards like the dragon fly awards, sales champ of the month, sales champ of the year are all based the monetary aspects (Restima, 2001). The employees of this organisation believe that monetary and extrinsic can boosts up their performance. In the similar manner it can also be said that if sales teams are motivated then they would generally benefit the organisation in the longer run and an organisation would benefit from it. 4.3 Analysis The analysis actually depict that incentives like rewards salaries and different other benefits boosts up the performance of an individual in such a way that an employee believes that if he/she works hard then ultimately he/she is the one who would actually got the final reward. In the similar manner the organisation also prospers through its performance and that individual also benefits through this. That is the reason why incentives are given much importance by different organisations and management researchers (Scotchmer, 2006). Different researchers stresses on the idea that organisations should give rewards and appraisals to those individuals that are performing well and benefiting their respective organisations. Different motivational researchers and analysts like Herzberg and Maslow also believes that financial rewards actually satisfy the basic needs of different individuals and that is the reason why an organisation should stress a lot on financial rewards. Furthermore, once the financial aspect of an individual is fulfilled then he/she can be motivated through different intrinsic rewards (Campbell, 2006). In general sense it can be said that sales force are the one that should be motivated the most in an organisation because they are bringing business in an organisation and an organisation benefits from it. Research depicts that employees who are younger in age are generally motivated more with financial rewards and they have a higher urge for immediate compensation and benefits. In the similar manner these individuals easily are urged in a proactive way so that they can achieve the objectives (Merchant and Stede, 2007). Similarly, it can also be said that monetary benefits are admired by many women in the United Kingdom so organisations that are operating in United Kingdom can motivate women through this strategy and they can increase the sales of their organisation in this regard. However, it can also said that there are certain research gaps in this study and further research is quite applicable in this regard. Chapter 5: Conclusio 5.1 Conclusion The extensive and comprehensive analysis and evaluation of data which has been carried out in the previous chapter with a main focus on secondary data and review of literature it can be stated that motivation is one of the most important factors for organisational success and if employees of an organisation are not highly motivated or satisfied effective and efficient accomplishment of objectives cannot be achieved. The comprehensive and thorough research carried out in the previous chapter has enabled the researcher in evaluating the research hypothesis effectively to accept or reject this hypothesis while deriving a valid and logical conclusion to this research. The study and analysis carried out during the research indicates that motivation is one of the most significant forces behind the success of an organisation as motivation leads to satisfaction of the sales force and other workforce who when satisfied are driven to display better and more efficient results which directly imp acts the profitability and growth of the organisation and this is the most important factor as maximising profits is the goal of all organisations. This implies that motivation is used by managers in the workplace as a tool for achieving the short term and long term objectives of various departments including the sales department as well as the objectives of the entire entity. Various concepts and theories of motivation thoroughly explained in the literature review chapter are implemented by managers in one form or the other by managers in organisations and usually a group of organisational techniques is used by the mangers to achieve high levels of satisfaction and motivation of a sales force within an organisation. The research also indicates the one of the most commonly used and a successful technique of motivation is to provide employees with monetary benefits especially in the sales department. The personnel in the sales department are directly involved with selling and marketi ng of products and services of an organisation and are aware of the revenues they generate for a company so the people working in this department expect to receive credit and acknowledgment for the revenues they generate for the company. If managers realise this phenomenon and provide the sales force with monetary benefits and incentives the motivation and satisfaction levels of sales personnel are highly affected and these monetary benefits and incentives are perceived as the most important tools of motivating employees especially in the sales department. The research also found that relying only on monetary benefits and incentives time and again cannot yield the best results and other techniques of motivation also have to be implemented. This is the main reason why managers in organisations should implement a group of motivational techniques rather than specific tools and techniques of motivation to keep employees motivated and satisfied. Managers have applied motivational techniq ues for increasing employee motivation and satisfaction levels for many years and various researches and studies have been performed in this regard which have continuously emphasised the importance and significance of motivational techniques in order to achieve efficiency in organisations. The hypothesis laid out for the current research was that motivation is the most significant factor for the success of an organisation and employees along with the sales force can be motivated effectively through monetary incentives is accepted based on the extensive study, evaluation and analysis carried out in this research. The research mainly focussed on an analysis of data acquired from secondary sources which has provided ample information and evidence in this regard and provided a comprehensive understanding of the theoretical framework of motivation, its practical application in an organisation and its impact on the efficiency and effectiveness of employees and sales force in an organisati on. Although a comprehensive analysis has been carried out in this research there are several limitations to the research as well which have been outlined in detail in the research methodology chapter of this dissertation report. It is concluded based on the research and analysis carried out that motivation plays a very important role in efficiently achieving the objectives of an organisation and various groups of motivational techniques can be applied by managers to keep employees especially the sales force in an organisation highly motivated and satisfied and in the absence of motivation an organisation is bound to fail while aims and objectives of the organisation cannot be achieved effectively. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.2 Recommendations Based on the study carried out in the research and the analysis there are several recommendations put forward by the research which are outlined below. The decision makers and managers in an organisation should seriously consider the implementation of intrinsic and extrinsic motivational techniques within an organisational framework and a group of motivational techniques including monetary benefits and incentives should be applied to motivate employees. Managers should be able to identify and realise the needs of their subordinates and implement motivational techniques based on these needs and wants. Attractive and competitive remuneration and compensation packages should be offered to employees especially in the sales department not only to retain efficient employees but also to attract effective potential employees to the organisation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regular surveys and studies should be conducted by managers in an organisation to stay updated on the changing demands and wants of employees in individual departments over different periods of time and motivational techniques should be implemented based on these changing patterns of wants and requirements. In the current scenario of post modernism and globalisation managers should keep themselves updated with any changes and new research in the area of motivation so that modern tools and techniques of motivation can be applied in organisations which are growing rapidly with the pace of time. Managers should educate and inform employees along with application of motivational techniques so that employees understand that efficient accomplishment of organisational objectives leads to accomplishment of both short term and long term personal objectives. Managers should realise that monetary incentives, perks, fringe benefits and other benefits of quantitative nature are not the only tools of motivation and other techniques can be implemented quite effectively to motivate employees in an organisation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Counseling Specializations Multidisciplinary Teams

The main concept of this study is to effectively display Multidisciplinary Teams and the role they have on the field of Mental Health. MDTs have been proven to be an effective format for collaboration of Mental Health Clinicians to exhibit the core concepts of wellness, resilience, and prevention for the overall health of the patient. Evidence has been shown to prove that when MDTs are being practiced in the field of study, Mental Health Clinicians exhibit enthusiasm of the skills and ideas being learned. In addition, MDTs deliver clinicians a significant amount of chances to collaborate with different clinicians to learn new skill sets and therapeutic approaches to provide exceptional and complete care for the patients. Even though MDTs†¦show more content†¦On the other side, the Mental Health Clinician will work with Paul to overcome being anxious after coming back home from being deployed, which is affecting his mental state with leading a normal and healthy life. Mental Health clinicians can exhibit sensitivity and empathy to show Paul they care about his well-being. With sensitivity, it opens up a dialogue with Paul at the initial stages of the counseling process where it limits misunderstanding and negative impacts of the progression of counseling. If I was a Mental Health clinician working with Paul to overcome his anxiety issues, I would also make sure to utilize a multidisciplinary team including an addictions counselor since Paul has been exhibiting signs of a drinking addiction. I would collaborate with the addictions counselor to come up with an effective treatment plan for Paul. To ensure working in a collaborative environment, I would encourage Paul to have a session with me immediately after he has his session with the addictions counselor and vice versa. This will allow both me and the addictions counselor to meet after the sessions to review everything and to share ideas with one another to see what is working and not working with Paul and to implement the next steps in the treatment process. Both the addictions counselor and I should be able to evaluate treatment outcomes and set treatment goals to ensure a full and effective prognosis for Paul. In terms of Paul’s addiction issue, I would suggestShow MoreRela tedCounseling Specializations And Multidisciplinary Teams Essay2331 Words   |  10 Pages Counseling Specializations and Multidisciplinary Teams The purpose of this paper is to provide an overview of the counseling profession and its ability to work on cases in multidisciplinary teams. A variety of scholarly journal articles were taken into account in order to gain insight into the field of counseling and some of its specializations. 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Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesand Moods 97 Personality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The Organization System 16 Organizational Culture 511 17 Human Resource PoliciesRead MoreMastering Graduate Studies 1e32499 Words   |  130 Pages. . . . . . . . . . . . . . . . . . . . . . . . Methods of Effective Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . Communicating in Forums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Communicating in Teams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Legal Contractual Relationship

Question: Discuss about the Legal Contractual Relationship. Answer: Introduction From the onset it is prudent to underscore the fact that for a contract to be valid there must be a consideration. Consideration must be of value in the eyes in the eyes of the law. For consideration to be valuable there must be a legal benefit or a legal detriment. What amounts to a valuable consideration appears to be flexibly encapsulated in the prominent maxim; consideration needs not to be adequate but sufficient. There has been a raging debate on whether performing a preexisting legal duty amounts to any benefit and the prevailing argument is that it may incur a factual benefit on the promisor and a factual detriment to the promissee. Thus the critical is whether the preexisting legal duty will amount to sufficient consideration. This paper will critically examine the doctrine of consideration in relation to sufficient consideration rule. It also seeks to answer the question on what amounts to a sufficient consideration. The main contention in this paper is that even though con sideration should be attached to value which is regarded as a benefit or a detriment, it need not to be adequate. Sufficient Consideration The rule that consideration must be sufficient and not adequate implies that there must be something of value that is exchanged between the parties. Provided that value has been attached to consideration the court will not pay attention to its adequacy. A valuable consideration in the strict sense of the law entails an interest, detriment, loss, forbearance, benefit of a party to the contract. This implies that even a nominal consideration will be sufficient for the formation of a contract. In Chappell v Nestl[3] the court held that the provision of chocolate bar wrappers was sufficient consideration because they increased sales and thus were of value. The fundamental question is thus how the court determines that consideration is of value and thus can be considered to be sufficient. It has been argued that mere giving up a right that one does not have is not valuable consideration. In White vs. Bluet a son was given money by his father following a promise that he will not complain about the distribution of his father estate in his will. The issue before the court was whether the promise not to complain was a valuable consideration. The court ruled that the son had no right to complain and that such a right is not a valuable consideration in the strict legal sense. On the other hand, what amounts to sufficient consideration may be determined by the parties to the contract at the time of making and concluding the contract. It is upon the parties to the contract to determine when making the agreement what will be adequate consideration but in the eyes of the law the court will not pay attention to adequacy of consideration but only s ufficiency. It bears noting that although the consideration must incorporate a bargaining process, the bargain should not necessarily be a good bargain. It is imperative to note that for consideration to be sufficient both benefit and detriment occur to the parties although there is not mandatory requirement that they should be both present. Consideration must be sufficient in the eyes of the laws and this implies that the court has the discretion within its jurisdiction to determine the consideration given is sufficient or not. Although the law provides that there must be consideration for any legal contractual relationship it is worth noting that the consideration should not be in equal and exact value to the benefit of loss that has been suffered. If the consideration has value in the legal sense the court will not bother to examine or try to find out the exact value or quantity. Essentially, this implies that if a car is worth $10000 and it sold at $100, the sale price will be regarded as sufficient consideration in the legal sense although it is quite glaring that it is inadequate. In the case of Thomas vs. Thomas the executors of an estate agreed that the widow will pay an annual rent of $1 and maintain the house as long as she remained a widow of the deceased. The issue before the court was whether there was sufficient consideration. The court held that the payment of $ 1 as rent was sufficient consideration. A consideration that is normal normally shows that the promisor has taken his promise to be a serious undertaking which can be legally enforced. It is also worth noting that a consideration that was given in the past can not be relied on through a promises hat is given in the present. In other words the general rule is that past consideration is not sufficient consideration or good consideration. The promise always comes first then the consideration follows. In the case of ReMcArdle the plaintiff had undertaken to conduct some renovations in her husbands house. She successful completed the renovations and asked the siblings in law to contribute towards the renovations she had made. The siblings promised to make the contributions but later they did not honor the promise. It was held that the promises had been made after a consideration had already been provided and therefore there was no sufficient consideration in that case. In addition the consideration that had been provided was part of her duty to do so as the wife of the deceased. Another finding was made in Roscola v. Thomas where the claimant bought a horse from the defendant and after the transaction had been completed the defendant told the claimant that horse was sound and free from vice. The claimant realized that the horse was not actually sound as was promised. The court held that the consideration had already been provided and the promise was made after consideration has been made therefore a consideration made in the past cannot be sufficient. However, past consideration will only be sufficient consideration if the promisor and the promissee had an initial agreement that the promissee will supply him the goods. In Lampleigh v Braithwait the defendant was guilty for the crime of murder but he needed pardon from the king. He therefore requested the plaintiff to obtain the pardon from the king for him. The plaintiff successfully obtained the pardon and the defendant promised to pay him for that. It was held that consideration had been provided following the request of the promisor and therefore it was sufficient consideration. The defendant was therefore liable to pay for the promise. If the goods are actually delivered and the promisor makes a promise to pay, the past consideration will be deemed as sufficient consideration. The Privy Council in Pao On v Lau Yiu Long held that past consideration can be sufficient consideration if it is capable of being remunerated and if the partied had an earlier agreement that consideratio n will be provided first followed by the promise. Lord Scarman remarked that a sufficient consideration implies that it must be real, tangible and it must be attached to some value. The general rule is that a consideration that is illusory is not a sufficient consideration. Illusory considerations are given in the following circumstances, where one is given a promise to do that which is his contractual obligation. In Stilk v. Myrick the defendant promised to pay the plaintiff during a voyage. While they were sailing two of the crew men left the ship and the defendant promised to pay the plaintiff the salaries of the two crewmen who had left. When the ship arrived at the port the defendant refused to pay the plaintiff the amount that was promised. It was held that the doing that which one has an existing contractual obligation to perform does not amount to sufficient consideration. On the other hand performance of an existing legal duty does not also amount to a sufficient consideration in the eyes of the law and it is also regarded as an illusory consideration. In Collins v. Godfroy the plaintiff had been summoned by the court to come be a witness in a case that the defendant was part of. The plaintiff never adduced any evidence but the court required that he be available in court through out the session. When the trial had concluded the defendant gave the plaintiff an invoice that indicated that he was being paid for being a witness. Later the defendant refused to pay and the plaintiff sued. The court held that the plaintiff had a legal obligation to perform the act and therefore the consideration provided was not sufficient consideration. If a person undertakes act that is not permitted by law then the act is not a sufficient consideration to a promise. This position was held in Nerot v. Wallace and Others[18] where commissioners who were conducting a bankruptcy process were promised that they will be paid for not investigating a person who was supposed to be adjudged bankrupt. It was held that the act was an illegal act and therefore it could not be a sufficient consideration that has value in the strict legal sense. The performance of an existing legal duty can be a sufficient consideration if there is a practical benefit to of the promise. In Ward v. Byham where a mother promised the father that she will look after the child well and ensure that he is happy and the father will have to contribute towards the maintenance of the child. It was held that the mothers act of taking care of the child although it is her duty to do so amounted to a sufficient consideration. Lord denning held that a promise to do that which one is legally meant to do can be sufficient consideration for a new promise. It has been argued the ratio decidendi of the case by lord denning is ambiguous and has not given a clear definition if the sufficient consideration in the facts of the case. However, the decisions appear to have been made in the interest of justice. The practical benefit rule was applied by in Williams v Roffey Bros Nicholls (contractor) where the court held that the promise to make extra payment on an alre ady existing duty was a sufficient consideration because there was a practical benefit following the new promise. In Musumeci v Winadell Pty Ltd. the court held that a promise that has been made to reduce the usual rent charged and the consideration that was given by the tenant was sufficient consideration that had value in the legal sense. It has also been held that a promise that has been made to do an act that is vague and uncertain is not enforceable because the uncertain act does not amount to a sufficient consideration. This position was affirmed in White v. Bluett where the court held that the consideration was vague and uncertain and it could not amount to a sufficient consideration. Conclusion It can be conceded that the doctrine of sufficient consideration has a wide application in various contract formations and the making of promises. It is also a plausible conclusion that consideration must neither be of commercial value nor make any economical sense. It can be observed from the illustrations made above that the court has been careful to ensure that it enforces the wishes and express agreement of the parties. This is based on the fact that court has not paid attention to equivalence in value of the considerations that have ben exchanged by the parties. The court has accepted that no matter how trivial consideration may be it is regarded as sufficient consideration in the legal sense if it is valuable. Consideration must not be of a high value which implies that it must not be adequate. It can be concluded that the rule that consideration must be sufficient and not adequate has acted as a preventive mechanism to prevent the promisor from not going back on his promise to claim for an adequate consideration. Bibliography Chappell Co Ltd v Nestle Co Ltd [1959] UKHL 1 Collins v Godefrey (1831) 1 B Ad 950 Eastwood v Kenyon (1840), 11 AdE 438 Ewan McKendrick, Contract Law: Text, Cases and Materials, (Oxford University Press, 2005) John Carter, and David Harland, Cases and materials on contract law in Australia ,(Butterworths 1998) Joseph Chitty, Chitty on Contracts, (Sweet Maxwell 2004) Lampleigh v Braithwaite [1615] EWHC KB J17 Musumeci v Winadell Pty Ltd. (1994) 34 NSWLR 723 Pao on v Lau Yiu Long [1979] 3 All ER 65 Patrick Atiyah, Essays on Contract, (Oxford University Press, 1990) Poole, J (2006) Textbook on Contract Law, Oxford University Press Re McArdle (1951) Ch 669 Robert Upex, and Bennett Geoffery, "Davies On Contract. (Sweet Maxwell London,2004) Roscorla v. Thomas (1842) 3 QB 234 Stilk v Myrick [1809] EWHC KB J58 Thomas v Thomas (1842) 2 QB 851 Ward v Byham [1956] 1 WLR 496 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Bros Nicholls (Contractors) Ltd [1989] EWCA Civ 5

Brazilian Jujitsu Vs Kickboxing Essay Research Paper free essay sample

Brazilian Jujitsu Vs. Kickboxing Essay, Research Paper Compare A ; Contrast Essay The growing of assorted soldierly art signifiers across the Earth leaves an unsurmountable figure of surveies for one to take. Weather for self-defence or personal benefits the scope of Art signifiers are every bit diverse as they are expansive. The high quality of one art signifier over another can be easy argued. Having studied the humanistic disciplines of Thai kickboxing and Brazilian jujutsu, I have determined the latter of the two to be the more effectual contending art. The two art signifiers both originate in Asia. Kickboxing began in the Southeast Asiatic state of Thailand, and has traveled and expanded across many parts of the universe where it has been modified by other civilizations bring forthing alone sub humanistic disciplines such as American kickboxing. Jujitsu traces its paths back to antediluvian Japan. Finally Nipponese jujutsus made its manner to Brazil where it has been transformed over the last few centuries into modern Brazilian jujutsu. We will write a custom essay sample on Brazilian Jujitsu Vs Kickboxing Essay Research Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page There are two major different types of soldierly humanistic disciplines, striking humanistic disciplines and coping humanistic disciplines. Kickboxing is what is known as a dramatic art, and jujutsu is a grappling art. Kickboxing consists of a series of speedy blows, utilizing assorted parts of the organic structure such as the cubituss, articulatio genuss, shins, and the caput. Jujitsu utilizes the usage of assorted locks and holds that can be used to rapidly interrupt the limbs of an opposition or render them unconscious. Kickboxing includes a batch of fast maneuvering and centres on the thought of utilizing the strong parts of you R organic structure to stultify your opposition in a fleet onslaught. Jujitsu is a more defensive and arguably more proficient art that relies on forbearance and capitalising on an oppositions violative errors. The domination of jujutsu over kickboxing can be made clearly apparent in a conjectural caput to head matchup of every bit studied opposite numbers. The kick-boxers success would trust to a great extent upon the initial interaction of the battle ; seeking to disorient the opposition instantly with a speedy bombardment of work stoppages. If the kick-boxer connects solidly so the battle may be over right off. However effectual in a street battle this maneuver is seldom as successful against a trained wrestler such as a jujitsu pupil. A speedy onslaught leaves the kickboxer vulnerable to a take down or throw from his antagonist, normally non a hard manoeuvre on a striker who is non used to supporting such aggression. Once on the land the kickboxers work stoppages lose about all their baleful power with no purchase behind the blows they throw. It is now all but over as the wrestler takes control of the striker, who has little or no cognition of land combat, and coatings him easy. Arguing the Superiority of any active art over anthers a argument that will ever populate on every bit long as contending exists. The adeptness and strength of the striker versus the forbearance and timing of the wrestler may non ensue in the same result for every battle, but from general experience and all about usage the effectivity of the art of Jujitsu greatly outweighs that of kick-boxing.