Issue:
The issue to be identified here is whether Noel will be successful depending on the formation of a legal relation with James.
Rules:
Creation of a legal relation is established by means of a contract between the parties. In order to create a valid contract, few essential conditions are to be followed which are as follows, the first condition is the agreement between the parties that must be initiated by giving offer by one party to another and such offer when accepted by the offeree, an agreement results as stated in the case of R v Clarke [1927] HCA 47. The second condition is consideration as observed in Beaton v McDivitt (1987) 13 NSWLR 162. The parties to a contract must have the capacity to enter a contract as per section 9 of Contracts Review Act 1980 (NSW). Minors as per Minors (Property and Contracts) Act 1970 (NSW), intoxicated persons and mentally impaired are prohibited from entering into a contract. The fourth criterion is the intention of the parties to enter into a legal relation as given in Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235. Social or domestic agreements are to be presumed as not having intention to create legal relation. Lastly, the agreement of the contract must clearly and sufficiently mentions the rights and duties of the parties to the contract. It is stated in the case of Whitlock v Brew [1968] HCA 71.
Application:
As per the facts of the case, no legal agreement was formed between them because of they are students and must be prevented to enter into the contract as per the said Actas they lacks the capacity. They do not have any intention to enter into the legal relation. Moreover there lies no certainty about the agreement between them. Thus, the agreement between James and Noel forms a social contract as per the Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8 and not legal contract.
Conclusion:
It can be concluded that Noel will not be successful as no legal relation lies between them.
Answer 2:
Issue:
The issue here is whether Jack possesses any legal rights over Bert’s land.
Rules:
An easement can be described to be a non possessory right to make use of or enter into the property without possessing it and such property belongs to another. The provisions of easements are useful for determining the pathways over two or more properties. The party who uses or enters into the other’s property is regarded as the dominant estate whereas on whose property or land, such right is used is called the servient estate. This is provided in the case of Re Ellenborough Park [1956] Ch 131. Easement can be granted by both express or implied manner. Express way of granting easement includes grant through deed or any other legal instrument. Implied easements are granted by the conduct or behaviour of the parties.
Application:
From the facts of the case, it is seen that Jack is being permitted to keep his car in a shed that is located on the large car wrecker yard of Bert. Jack made a contract orally and for this paid 20$ weekly. Here Jack has the easementary right over Bret’s land due to which he can enter and go out the yard to have access to his car. Here Bert’s land acts as servient estate and the easement is created impliedly.
Conclusion:
From the discussion, it is seen that Jack has easementary right on Bert’s land.
Answer 3:
Issues:
The issues involved here the issues arising out of Sale of Goods Act between Harry and Sally.
Rules:
This case study is to be analysed in the light of the Sale of Goods Act 1979 of UK that deals with selling of goods. Section 14 of the said Act states that when a seller sells goods during regular course of business, the goods are to be of satisfactory quality which means the quality of goods must be fit for the purpose for which the goods are generally used.
Application:
As per the facts given, the salesperson cannot bring into any such clause as per the section 14 of the Act. It is the duty of the seller to sell goods that are fit for the purpose. Thus such form signed by Harry and Sally will not be binding on them and they can bring legal action against the seller for selling the defective clothesline as seen in BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809.
Conclusion:
Thus Harry and Sally can enforce their legal rights against the seller.
References:
Beaton v McDivitt (1987) 13 NSWLR 162
BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809
Contracts Review Act 1980 (NSW)
Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8
Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235
Minors (Property and Contracts) Act 1970 (NSW)
R v Clarke [1927] HCA 47
Re Ellenborough Park [1956] Ch 131
Sale of Goods Act 1979
Whitlock v Brew [1968] HCA 71
Management and Counselling
Minimal responses
Minimal responses are defined by Pamela Fishman as Monosyllabic utterances such as huh, yeah, mm. These types of words are used during the conversation by men and women to convey their agreement and acceptance. These responses are used to differentiate the two people by listening that how they used these words in conversation. Minimal responses have different forms and that is why; they have different functions. There are various forms of minimal responses that are frequently used in the conversation. “Oh” is the most frequent minimal response that is used by users in the conversations. The forms of minimal responses are also used in TV series to represent their thoughts with their expressions (Geldard, Geldard, and Foo, 2017).
As per my opinion, minimal responses are used by the good listener to encourage the current speaker by showing the interest. However, people used these norms to ask the current speaker to stop the conversation with the mutual understanding. According to my opinion, the forms are used to represent the thoughts in the form of expression such as “Oh for surprising, yeah for acceptance and the others more that express their emotions with expressions. It is necessary for the leader to use these forms in an effective manner so that the opponent will understand the person. The people give the minimal responses in taking the pause for a second to use the form in effective way. Taking a pause helps to understand the conversation due to which they can easily use the forms of minimal responses effectively (Simon, 2018).
References
Geldard, D., Geldard, K. and Foo, R.Y. (2017) Basic personal counselling: A training manual for counsellors. Cengage AU.
Simon, C. (2018) The functions of active listening responses. Behavioural processes, 157, pp.47-53.
Non-verbal response
Non-verbal responses means are the powerful words that are used by the counselor to convey the message through their gestures, and body language (Mehrabian, 2017). There are two main types of Non-verbal responses such as active behavior and passive behavior. There are further eight more categories of non-verbal communication and these are Kinesics, Haptics, Occulesics, Proxemics, Eye contact, Use of Silence and Use of Voice. Non-verbal communication is essential in the conversation to indicate the signals. Different types of non-verbal communication convey the different meaning to client such as gestures, eye contact and the others. Sometimes counsellor face the challenge while the client does not convey their message through verbal communication that time the non-verbal communication helps to understand them. Using of non-verbal communication helps the counsellor to show their reaction towards the things towards their message.
Body language is the type of non-verbal communication that helps the counsellor to encourage the client by using the good posture. Good posture indicates the client that the counsellor understands it and his messages. Facial expression and eye contact plays the similar role as body language in the process of counselling because these types of non-verbal communication. Sometimes, the counsellor does not understand the message of client due to which the case of misinterpretation is raise. Non-verbal communication helps to protect the counsellor from the wrong agreements and the other inconvenient conversation. Non-verbal communication plays the important role in building the tune between counsellor with the client. Developing tune between clients is essential for the counsellor in counselling process (Phutela, 2015).
References
Mehrabian, A. (2017) Nonverbal communication. Routledge.
Phutela, D. (2015) The importance of non-verbal communication. IUP Journal of Soft Skills, 9(4), p.43.
Knowledge Management
Knowledge management to achieve a strategic advantage
Knowledge management is highly important factor for the success of any busness organization. The business organizations that efficiently share the internal knowledge and information ensure a long term success in the organization. The Techworld Australia is implementing knowledge management initiative in an effective manner to maintain its competitiveness in the Australian market. Effective knowledge management includes vast and varied knowledge and resources in the company along with the use of sophisticated tools required to curate and communicate the flow of information in every level of the organization. The tools and services are implemented in order to increase the ability of the company to eliminate departmentalization and initiate innovation in every levels of the organization and respond to the changing external business environment (Grant 2015). The importance of knowledge management in an organization is to allow the company to acquire the right kind of information at the right time to all the departments of the organization. Specifically, in the Australian market, the customer needs and requirements are increasing at a rapid rate and are changing at a continuous rate. These expectations are changing the landscapes of the industry. Circulating the knowledge and information to the right person at the right time can be challenging for the business organizations. Therefore, the business organization requires an effective knowledge management strategy which can enable the company to create, apply and share the right kind of information and increase the usage of the valuable data. The effective strategic for knowledge management in the organization involves breaking down the information and increase the value of the data (Kupczyk 2014) . They can sustain the objectives of the organization while implementing the right strategy along with the advancements of technologies and enable the company to keep up with the changing market and industry trends. This in turn helps the business organization to gain competitive advantage and ensure long term success of the organization.
The company contains wide range of talents and skills, therefore having the right knowledge management solution will enable the company to allow the teams to communicate and share the information in all the levels of the departments. The traditional workplace is diversifying in today’s scenario and getting more digitally connected with the external and internal work environments. Knowledge, talents and skills are considered to be the greatest assets in the organization. The management of the organization needs to take initiative to share the right knowledge to the right people and at the right time. Ensuring this will enable the company to maintain its competitiveness in the market and utilize the knowledge and resources of the organization in the right time (Litvaj and Stancekova 2015). For undertaking flattening communication and for ensuring that the information is accessed by all, the organization needs to eliminate the tall organization structure and hierarchies. The employees of the organization and the team members can share knowledge from the seniors and expertise in the company. Moreover, the company needs o have a right culture and advanced tools and techniques to circulate the information to all levels of the company and enable it to gain strategic advantage.
References
Grant, K., 2015. Knowledge management: an enduring but confusing fashion. Leading Issues in Knowledge Management, 2, pp.1-26.
Kupczyk, T., 2014. Competencies of Managment Staff in the Knowledge-Based Economy. Wyższa Szkoła Handlowa we Wrocławiu.
Litvaj, I. and Stancekova, D., 2015. Decision-making, and their relation to the knowledge management, use of knowledge management in decision-making. Procedia economics and finance, 23, pp.467-472.
Nasiruzzaman, H.A., Qudaih, R. and Ahmad, D., 2013. Project success and knowledge management (km) practices in Malaysian institution of higher learning (IHL). Journal of Education and Vocational Research, 4(5), pp.159-164.
