Pros and Cons of Scientific Management - Essay Example

Law & Management Introduction Terms of the contract: in the study and practise of law, different terms are usually employed to define critical aspects of law. In daily dealings, people usually enter into agreements or do businesses that bind them with some conditions to be met for mutual benefit. A contract is that legitimate accord between two or more parties and its law enforceable. This means that in a contract, the parties involved exchange promises violation of which can lead to a lawsuit as the solution. Terms of the contract are the preset conditions that are mentioned or written in the accord to bring the parties in a contract together; these conditions have to be obeyed or have to be met for the contract to hold. So, terms of the contract can be defined as the statements that administrate the requirements and rights of the parties to the agreement. Theses are elements that bind the accord and if infringed, legal action may result (Deakin & Markins 2008) Terms can be explicit or implied. Frustration of the Contract: this is the termination of a contract legally because of some unanticipated conditions that; 1. Obstruct the attainment of the objectives or the initial intentions of the agreement 2. cause the fulfilment of the conditions of the contract to be against the rule of law 3. render the contract or agreement logically impracticable to implement its contents Frustration of the contract is usually caused by reason like accidents, changes in statutes, health condition (illnesses) of one of the parties, interference from the third parties. Frustration of the contact is justification to non performance and automatically exonerates the accord with the exception of when the terms of the contact overrule this implied legitimate prerequisite. Nonetheless, frustration of contract cannot be cited as a reason for non performance in case the condition was predictable, and it's not applicable to some categories of contracts for instance insurance policies (Deakin & Markins 2008). Case Law- Harry should understand that he is already in a contract with Ian unless Ian has officially indicated that he does not want the motorcycle anymore. Implied contract is the agreement enforceable by statute and it's as a result of conduct, assumed intentions, or as a result of applying the law principles of equity. For instance, implied contract is when one willingly and knowingly accepts imbursement from another party in conditions where this benefit is clearly not a gift (Lunney & Oliphant 2003). Therefore having agreed to sell the motorcycle to Ian and later on planning to sell it to James is a breach of contract. Harry should find out from Ian if he is still interested in acquiring the motorcycle before making other plans for it. Tort of Negligence: is described as the breach of responsibility or one party failing to exercise the standard of care that is necessary by statute, causing damage to the other party to whom the responsibility was owed. Negligence has become the most essential of the Morden torts. This is because the reported cases of this kind are increasing very fast and due to the fact that the principle underlying it is of wide and general application (Deakin & Markins 2008) In tort law, one can be responsible for the damages caused if he/she owed the claimant duty of care. Duty of care is that legitimate responsibility that is obligatory to an individual or parties in question that demand them to adhere or comply with the standard of reasonable care whenever carrying duties or any activities that may predictably cause damage to others. In fact, this is usually the first element that has to be established for a claim for negligence can be filed (Deakin & Markins 2008) The claimant cannot claim that there is liability in law unless he/she is able to establish that he/she was owed the duty of care and that that duty owed was infringed. The defendant will have violated the duty towards the claimant if his/her conduct has fallen short what the standard care is as this is what was expected to be met in that kind of circumstances (Smithies 2007) A claim for the breach of contact principally concentrates on the responsibilities that different individuals have to bear under a specified contract. The role of the tribunal in such a case is to establish whether or not that respondent violated or did not violate the rights of the claimant under that accord. The claimant has to ensure that the claims meet some requirements as will be demanded by the tribunal, then the breach of contract can be pursued for an action to be taken (Ewan 2005). Condition one is that there has to be contract. Secondly is to ensure that the claimant and the respondent are both parties to the contract. Thirdly is to find out whether both the claimant and the respondent agreed to the terms of the contacts. Both parties should agree to everything that is entailed in the contract including the implied terms for ac contract to be established (Ewan 2005). Finally is to establish is in real, the respondent did actually breach the contract. The duty of care can be enforced by law operations between individual with no relationships like contract or familial even any other, but ultimately become associated in some way provided for by the common law. It's not necessarily a requirement that duty of care is provided for by decree, rather it can be considered a formal social contract, the implied duty an individual has towards others in the community. It's not entirely to be defined by law as it would come out during jurisprudence of the common law (Deakin & Markins 2008) Principles of Economic Loss: the economic loss rule is considered a vagabond doctrine. This is because combinations of public policies have to play a hand in determining whether an individual can sue the other one for economic loss. This is a legal conclusion that is attained for different reasons in diverse based on fact scenarios which is the reason that the invented rule seem inconsistently used from Moyer to Atomic Force Microscope (Ewan 2005). There is direct and indirect contractual bond between a buyer and manufacturer. This means that there is an implicit contract to guard the consumer of other issues (Lunney & Oliphant 2003). The neutrality of the products san be explained Teamwork: an effective teamwork in any institution or industry depends on the individual team members since everyone in the team is responsible for certain activity and that the outcome is a collective achievement. A team is a group of individuals will a determined intention of attaining a certain goal or a set of objectives through collective resources, abilities and take responsibilities for the outcomes achieved. Teams have been long in existence and are formed fro challenges particularly to achieve challenging objectives. Leadership in institutions requires a lot responsibility from the management and individual member of the team, for this reason, a very team member's contribution is very essential (Belbin 2005). This allows distribution of authority and brings about efficiency because of then diverse contribution of leadership traits from different personalities. The ideas contributed are also increased and so is the decision making process since through this wider consultation is enhanced. Every member of a team has a responsibility to carry out and therefore success of a team will be determined by individual effort and still this is what causes the team to lag behind in carrying out duties. This is because if one aspect of the team fails to deliver, the consequences affect the whole system, a line of production for instance. In an industry, information and products usually follow a protocol and in the current society, teamwork is very essential many industries encourage workers to embrace diversity like in cultural diversity (Belbin 2005). This covers religion and ethnicity, however some individual tend to stereotype others and think that they cannot function together and this usually results in lack of cooperation. When this happens one individual may not work together with the rest ands as consequence the others will be burdened. As much as the rest of the team would be working real hard, withdrawal or a letdown by one of them can demoralize the rest (Belbin 2005). Its very imperative the with the current development and changes in the society, the institutions of business and other organizations to proactively encourage the use of the new and emerging models of leadership and in the school context, to develop a national program that support student achievement. Distributed leadership allows those in power to delegate duties, share responsibilities and have collective accountability. The current mechanisms that limit the bureaucratic burden on schools should be reviewed to provide clarity and regulate policy making in organizations (Belbin 2005) Basically a project can be described an as short-term venture that has a definite beginning and a final date. The project is in most cases accomplished by financial support of deliverables and it's endeavoured to achieve certain goals and objectives in normally to bring benefit or add value to the community. Project are contrary to business venture because they last for a short while whereas business are meant to stay for longer and their duty is to produce products and service for profits. In real life, the management of these ventures is also very different and distinct skills are observed in their separate management. The basic challenge that is encountered here is the achievement of the objectives set without breaking the rules or overriding the constraints like budget, time and scope (Belbin 2005). A project manger is an expert in the administration of projects. Project manager undertake project management as a profession. They are charged with duty of planning, executing and closure of projects relating different fields like construction, telecommunication and software. The project manager ensures that the objectives of the project are achieved. The basic management duties are creation of concise and attainable goals, in time cost and scope. A project manager acts as the customer representative and hence has to determine and execute that exact requirements, as determined by general knowledge of the firm they represent. The capacity to adapt to the different internal processes of the contacting party and to create close associations with the nominated representatives is imperative in making sure that the main issues of time, cost quality and all the related aspects that lead to client satisfaction realization (Belbin 2005). Pros and Cons of Scientific management to workers: the scientific management theory ensured that the work is uniform by all the workers and the work produced was made standard. Labour was divided to provide specificity to the workers as smaller parts are performed by different people. Each individual has therefore specified task to perform and to bring about accountability and more organization as nor job is left pending (Smithies 2007). One major disadvantage is that the management here encourages more division of labour and these results are efficient running of the mass production but the workers are deprived of their democracy and become alienated. Furthermore, insisting on the continuous flow of the production line leads to more attention being given to the machinery than the workers. However the only benefit could be that rate payment system. Workers are motivated by finance (Taylor 1998). This also results in the employees being very specialized and this is an advantage to the employees. This means that they will have expertise skills in the specified areas. Some arguer that this can also be a barrier to adoptability to challenges, yet employers want flexibility apart from expertise and efficiency Pros and Cons of Scientific management to employers; this theory encourages the use of incentives especially monetary to motivate the workers. Through this, the employer is able to maintain control over the employees. Another benefit of this theory is that the model encourages maximal effectiveness would be attained by the division of the labour function. Employer remains in charge of the business with very little worker interference and demands. The management is believed to be able to take control of the workforce in this kind of model. It's also evident that the worker could get alienated as they feel dissatisfaction because of the kind of structure that is very authoritative. Employees' social needs have to be achieved by the administration or employer, unless the owner wants the workers to rebel. The employers on top of the business manipulating workers and earning the proceeds However if the worker perceive that they are being treated with disrespect, they could be disenchanted with the form and decline to put in their full potential. On the same note the rate payment model can cause the employer to face difficulties when encouraging the workers to focus on quantity and not quality. Contrary to the tall organizational structure, fewer layers characterize the flat organizational structure. By this, the command chain from the top management to the junior staff is very short and the span of administration if very wide. Flat organizations structure is usually in small organizational structure. Advantages include; better team work, less bureaucracy and simpler decision making, fewer management levels and efficient communication. Disadvantages include; employees may answer to more than one boss, growth of the organization is limited, function of every department could be blurred (Taylor 1998). Tall organization model has several categories of protocol of management. The major problems arise because of the increased levels and hence communication from management could be adversely affected. Many employees are also employed in the management teams causing the management cost to be very high. Team work is very difficult to effect as the levels of separation are very many, accountability can be very had top achieve in case of a problem. The businesses encourages hard work this way Precedence Network Activity Number Operations Preceding event Duration Link to 1 Start up None 0 2 & 3 2 set up site None 3 4 3 Erect hutments None 2 4 4 Clear top soil 1,2 and 3 3 5 5 Excavate foundations 4 2 6 6 Concrete foundations 5 4 7 & 10 7 Brick work to DPC 6 5 8 & 17 8 Place DPC 6 1 9 9 Brick work to eaves 7 10 12 10 Place ground floor on slab 6 5 12 11 Place windows and doors 9 2 14 & 15 12 Erect roof structure 4 13 13 Clad roof 4 11 14 Internal out 10 18 15 Painting 5 18 16 Landscape 3 17 17 Drainage 5 18 18 Clean up and handover 2 - Precedence network Duration of the project will be 72 weeks while the critical activities will be the concrete foundation, building of the brick wall roofing and landscaping. References Belbin M. (2005). Management Teams. Why Succeed or Fail 2nd Ed. Oxford Elsevier Butterworth-Heinemann Deakin J & Markins M (2008).Markesinis & Deakin's Tort Law. Oxford University Press Ewan M. (2005). Contract Law - Text, Cases and Materials. Oxford University Press Lunney M & Oliphant K (2003). Tort Law - Texts, Cases (2003) 2nd Ed. Oxford University Press Smithies D. (2007) Contract - Frustration. Tutor retrieved on 14th august 2009 from http://tutor2u.net/law/notes/contract-frustration.html Taylor, F (1998). The Principles of Scientific Management. Re-Published. Dover Publications. Read More