Common Law 2 Essay Example | Topics and Well Written Essays - 2500 words

Common Law 2 - Essay Example Another relevant aspect is regarding provision of goods and services in that there is an implied clause in the Sale of goods and services that the products or services sold are of satisfactory quality and shall be suitable for the purpose for which it has been purchased. Besides, in this case it is believed that the buyer, Abigail, had relied on the skill and knowledge of the seller, Cable Fast, but ultimately, the services could not meet the needs of the buyer. Further, she had also informed Cablefast that she actually needed superfast broadband because she was a movie buff and a busy film critic, and yet there has been lowered degree of service provision by the internet service provider, Cable Fast. Further, in this case, it is important to note that Cable Fast owes the buyer, Abigail, a duty of care. In the 1964 landmark case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465, this issue arouse, especially under circumstances under which one party placed trust and reliance on the pronouncements and actions of another. Although the bank had categorically disclaimed their responsibility in providing credential opinions, yet, the duty of care aspect was evident. In deciding this case, the judge observed, â€Å"I consider that it follows and that it should now be regarded as settled that if someone possessed of a special skill undertakes, quite irrespective of contract, to apply that skill for the assistance of another person who relies upon such skill, a duty of care will arise. The fact that the service is to be given by means of or by the instrumentality of words can make no difference.† (Hedley Byrne & Co Ltd v Heller & Partners Ltd: Judgment, 1964). Thus, the additional payment may not be enforceable, at the option of the buyer. In the case of exclusion clauses in contracts, it is necessary that contracting parties are

Negotiation Assignment Example | Topics and Well Written Essays - 500 words

Negotiation - Assignment Example A lack of communication can be a barrier that hurts a negotiation. A second component of communication that can facilitate the negotiation process is having good persuasion ability. During a negotiation each party is supposed to influence the other party to reach the desirable terms of the deal. Being good at persuading other can help you score points in your favor during a negotiation. Politicians are a great example of people that use persuasion in their negotiations and public messages to the general population. When using persuasion one must concentrate on focusing on the most important terms of a deal. A third communication component that can positively impact the ability of a person to succeed during negotiation is active listening skills. Active listening can be defined as act of mindfully hearing and attempting to comprehend the meaning of words spoken by another in a negotiation can create an offer that meets the needs of both parties (Businessdictionary). Whenever I’m in a negotiation I like to listen to others first in order to analyze my options in a more analytical manner. Listening well to others also helps me understand the wants of the opposition which can help me garner bargaining power by creating offers based on those needs. I agree with you that to be good at negotiating its takes a lot of practice. A person is not born with negotiation skills. People get better at negotiating by themselves, through lifetime experiences, and through training. Being able to read another person can help in a negotiation. The use of active listening skills can help a person decipher what others want. In your post your post you mentioned the importance of verbal and non-verbal communication. Body language can help decipher the intention of others. The mood of a person can influence the outcome of a negotiation. I agree with you that reading and understanding the intentions of the second party involved in a negotiation is