Law of Tort College Essay Example | Topics and Well Written Essays - 2000 words

Law of Tort College - Essay Example The production process is interrupted and all the materials in process are damaged beyond repair. In addition, because there is no water supply for 24 hours Brian loses the opportunity to carry out several more processes and loses the profits that these would have generated. An analysis of the facts of the case presents certain ambiguous legal issues within the premise of both common law as well as the law of torts. In the first situation, the issue is whether Derek's statement to Alan about the efficacy of the van, and the consequent economic loss to Brian, imposes a liability in tort on Derek and/or Alan. In the second situation, the issue is whether Brian can claim economic damages for the losses he has suffered in terms of equipment and material damage and by way of profit loss due to operations shut down resulting from Donald's negligent action. The first situation --Brian v. Derek/Alan - relating to Brian's purchase of van prima facie pertains to area of 'pure' economic loss due to negligent misstatement, resulting in tortious liability under common law.1 The second situation --Brian v. ... A. Brian v. Derek/Alan - Negligent Misstatement Resulting in Economic Loss The common law imposes liability in tort upon persons who make misstatements to others; however, only if the misstatement is made fraudulently or negligently, when there is a duty to take care. Also, the claimant/the person to whom the misstatement has been made must have sustained a loss (which may be physical or financial or both) as a result of reliance upon the misstatement. Thus, liability in the tort of negligent misstatement is generally defined in terms of the common law premises of duty, breach and damage,3 however, a "special treatment" is usually given considering the complexity and since tortious liability in this area is a relatively recent development.4 The case in question presents considerable issues in facts and in law, an analysis of which in relation may be vital in advising Brian. The primary issues for consideration include: Whether mistakes were fraudulent or arising out of negligence Whether Derek owes a duty of care to Brian for a report he made to Alan Whether the plaintiff sustained loss, economic or physical Whether Alan has a vicarious or personal liability in relation to Derek's misstatement and/or in passing the report to Brian Any defence, legal or factual, which may be claimed by Derek/Alan against Brian As the facts of the case reveal, there is no apparent evidence of fraud -- Derek cannot be said to have any interest in Alan or Brian purchasing a van that has been advertised in the local newspaper. The mistakes in the report are mainly due to negligence; however, relying on that Brian, a third party had sustained financial loss,

Marketing and Sales Essay Example | Topics and Well Written Essays - 2500 words

Marketing and Sales - Essay Example It is for this reason that marketers and salespeople alike, focus on integration and alignment of the two functions and a greater focus on the ultimate objective, rather than departmental goals. The American Marketing Association defines marketing as â€Å"Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large.†(American Marketing Association 2008) Sales is largely a subset of marketing and focuses on the delivering and exchanging part of the paradigm. It also involves maintaining cordial working relationships with clients, partners and customers all across the society. Marketing is broad context that also encompasses sales and merchandizing. In context of a small business, there are stark differences between the two concepts. The core focus of the marketing process includes: Discovering the products, services or ideas to be implemente d. Producing products with the ideal features and quality that cater to the target market. Correctly pricing the product. Promoting the product through several techniques to allow the message to spread to maximum people. Selling and delivering the product to willing customers. It is clear that selling is just one of the activities of the entire marketing process. It essentially involves effort to implement the plan and make the actual sale. All marketing activities support the eventual objective of magnifying sales. It must be noted that it is extremely important that marketing and sales activities are aligned in ways that complement rather than ways that contradict (Atkins & MBA 2009). Some of the key differences in the way marketing and sales are done are: A marketer looks at the decision making aspect of the spectrum. He empathizes with the customer by identifying needs, wants, deciding on the target market, positioning the brand, promoting and taking other steps that communicate to the customer that the product is designed specifically for him and that he should consider its purchase. A seller, by contrast, focuses on the execution state after the work has been done by the marketer. His main focus is on reaching targets, achieving goals and focusing on numbers. He also needs to ensure the timely availability of products for customers. Importance of Aligning Marketing and Sales: In many companies and small business, the personnel and actions of sales and marketing contradict each other significantly. Sales people accuse marketers of being unaware of the actual needs of customers or overestimating the buying power of customers resulting in overpriced or unneeded products. They argue that marketers then expect them to generate sales revenue with such redundant and overpriced products. Such decision making leads to deviation from the ultimate objective of maximizing profits and hinders growth in sales numbers. Marketers, in contrast, suggest that salesmen have a very shortsighted focus on individuals and short term sells rather than looking at the bigger picture. This alienates the firms from prospective long run profitability and stable revenue. Furthermore, the limited knowledge they have about the strategic decision making involved in coming about the final product makes them vulnerable to misinterpreting the essence of the product and its