Search results

A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach, the seller terminates the contract and makes claim for the damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.

Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating parties to contracting parties, settling on most of the terms. The law, however, states that a contract is formed when a person makes an offer and the other accepts it. The principle arose from the rudimentary trade practices in the past. The principles coming from the prior centuries and the modern business practices may not be in consonance. The Gibson v. Manchester City Council Case, a judgement of the House of Lords of the United Kingdom, reviewed attempts to modernize the law.

This case uses an array of carefully selected and excerpted revenue recognition related information contained in Salesforce.com's January 31, 2019, 10-K. Maria, the fictional protagonist, is seeking to understand those disclosures as part of her preparation for an upcoming job interview with the company. As such, she is relying on those disclosures to provide insights as to the company's main product/service lines, the events that signal when and how much revenue the company has earned (i.e., the essence of its business model), along with the related official generally accepted accounting principles (GAAP) criteria pertinent to the valuing and timing of recorded revenues.

The case describes the performance evaluation system that has been put in place by Ravi Kumar, the MD to ensure that Oystar Hassia is able to design, deliver, service, sell its packaging machines seamlessly in all parts of the world. The performance evaluation system is periodic, regular, able to take track the progress of the people within the system. The benefits accrued from performance evaluation system are also detailed in this case.

Human resource management.

Undergraduate and graduate level Human Resource Management programmes; Leadership modules.

This case accounts the experience of a Malaysian company, Telekom Malaysia Berhad, in implementing talent management practices in its organization. There were several developments that prompted Telekom Malaysia Berhad to initiate a talent management program. The emergence of competitors had forced the company to introduce initiatives to sustain the business. One of the key initiatives involved the need to better manage its talent. The talent management process at Telekom Malaysia Bhd is divided into four key stages. These are first, talent spotting; second, talent assessment and endorsement; third, formulation of individual development plan; and the fourth, readiness level assessment. Each of these stages is implemented using a well-defined set of standards and activities.

This case examines how commitment and support from line management is crucial in the successful implementation of a talent management program and HR-related initiatives generally. Line managers are identified as the missing linchpin between HRM and organizational performance. The case will also identify how the role of line managers is now shifting to support the HR in a strategic sense. Thus, we find a shift in the HR profession from personnel management to strategic human resource management. The case examines the importance of a positive leader-member relationship, creating a culture which is receptive to change. This can be achieved by transformational leader who fosters closer relationships with subordinates. Finally, the case pinpoints how development can occurs in three main ways – on the job experiences, relationships, networking and feedback and formal training opportunities.

Teaching note.

The central lesson to be learned from studying the case is to understand the challenges and constraints posed by contextual conditions in designing contracts in public–private partnerships (PPP) for financing and delivering health care in emerging economies such as India.

Perverse incentives, along with contextual conditions, led to extensive opportunistic behaviors among involved agencies, limiting the effectiveness of otherwise highly regarded innovative design of the program.

India’s “Rashtriya Swasthya Bima Yojana” or National Health Insurance Program, launched in 2007 provided free health insurance coverage to protect millions of low-income families from getting pushed into poverty due to catastrophic health-care expenditure. The program was implemented through a PPP using standardized contracts between multiple stakeholders from the public and private sector – insurance companies, hospitals, intermediaries, the provincial and federal government.

Teaching Notes are available for educators only.

CSS: 10 Public Sector Management.

The key teaching objectives of the case are the following:▪ to develop an awareness of a megaproject’s external environment (through PESTLE) in terms of challenges from each source;▪ to introduce theory that allows students to identify, characterise and describe factors that can lead to inter-organisational conflict during construction projects;▪ to develop the ability to apply the typology of causal factors (identified in Objective 2) to a given context, answering why each factor may have contributed to the given contractual dispute;▪ to develop an understanding of the procurement and contract management process wherein contracts are not only the logical outcome of the procurement process but also the primary vehicles for clarifying responsibilities (for task completion) and risk transfer; and▪ to understand specific dynamics of construction projects that make disputes inevitable and ways to overcome these.

Priced at US$1.63bn (in 2015), the Orange Line Metro Train (OLMT) project in Lahore was one of Pakistan’s earliest (and costliest!) transport infrastructure megaprojects ever undertaken. Devised to ease congestion in Lahore, promote ecofriendly, efficient, modern and affordable transport systems and lead to improved mobility across Lahore, the OLMT was a socially, politically and economically important project.The case is seen through the eyes of the protagonist, Uzair Shah, a seasoned public servant and an experienced Transport Engineer. At the time of the decision, Shah was General Manager – Operations at the newly established Punjab Metrobus Authority (PMA – the project sponsor) and was also the project lead of OLMT’s Project Management Unit (PMU). Through Shah’s eyes, students approach the project at a juncture when the most serious contractual dispute in the project’s history has erupted. The parties at the interface were Lahore Development Authority (LDA), PMU’s technical interface with contractors and consultants and Maqbool-Colson Joint Venture (MCJV), one of the two civil work contractors hired for OLMT’s civil works.While quality issues had been emerging with MCJV for a few months, LDA had maintained unilateral communications and remained considerably adversarial in their dealings with MCJV. Eventually, in October 2016, this relationship had soured to such an extent that it appeared irreconcilable. It was only then that LDA had recommended Shah to take the contractor to court for non-performance.The decision that Uzair faced was whether to take LDA’s advice and take the contractor to court (terminate the contract, claim performance guarantee and appoint a new contractor) or negotiate and continue with the current contract. The decision had huge financial, legal, reputational, political and schedule-related implications. The decision needed to be taken by the protagonist in the context of all these factors.

The case was initially developed for use within a Procurement and Contracts Management course for a (business) executive audience. The case is intended for the business school audience or students enrolled in courses related to the construction management discipline.Courses where the case can be used include Construction Project Management, Public Sector Projects, Contracts and Procurement and Strategic Projects and Practice (or similar). The case can also be used within an MBA setting.

Teaching notes are available for educators only.

CSS: 9: Operations and Logistics.

Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a judgment of the Supreme Court of the United Kingdom, on damages terms in GCCs. A term on damages may not be a comprehensive code, answering all questions on damages. In this case, the general principles will survive and interact and interface with the contract terms to settle the rights and obligations of the parties.

The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they can freely make a contract, they can freely modify or unmake it. Written contracts have a clause, No Oral Modification Clause (NOM Clause), precluding oral modifications of the contract. Irrespective of it, business persons make oral agreements modifying the contract, and later, dispute its validity. If the parties are free to contract, why should the oral agreement not be binding? In a NOM Clause then, ineffective? The United Kingdom Supreme Court, in MWB Business Exchange Centres Ltd v Rock Advertising Ltd, explores this fundamental question on contract law.

The case provides an insight on the provisions of the IND AS 115 (largely converging with IFRS 15), financial impact of alternative accounting practices and dynamics of a revenue recognition decision. MBA students can use the knowledge derived from the case at their workplace when they encounter accounting of “revenue from a contract with customers”.

Saifudin Rehman, one of the promoter of Suprajeet Corporation (SUC) had been engaged in electrical installation contract business. The firm had been doing well in the field of small contracts and was having steady growth. People in the firm were also quite acquainted with the kind of contracts they were doing. However, Saifudin always wanted to get into a big contract business. For getting into big installation contracts, the corporation needed more working capital and needed to satisfy the criteria of having a high amount of turnover in the preceding year. The case will be looked into from the perspective of accounting procedure to see the possibility of increasing the revenue by changing the method of accounting in relation to revenue recognition. The case provided the opportunity to evaluate the benefits and the costs involved in changing the accounting method in SUC.

Commerce Graduates and MBA I.

Teaching notes are available for educators only.

CSS 1: Accounting and Finance.