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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 learning outcomes of the case are as follows:

1. Students will understand the interdependency of functional areas, such as operations, marketing, human resources (HR) and finance, in a manufacturing firm.

2. Students will analyze the conventional factory to focus on factory frameworks (Skinner, 1974).

3. Students will learn to analyze (associate) a company's performance reports (key performance indicators and profit and loss reports) with operations, marketing and sales functions.

4. Students will relate the concept of strategic resonance (Brown and Fai, 2006) to functional strategies.

Tariq Khattabi, a mechanical engineer with an MBA, joined Flexi Pack Dubai, UAE, as a general manager on 1 April 2019. During the recruitment interview, he learned that the company was struggling to maintain its breakeven point, and his first responsibility was to develop a strategy to ensure the growth of the organization. From the initial meetings with the production, finance and senior marketing managers, he identified problems related to the plant’s operations and sales. Although Flexi Pack enjoyed a good market reputation and profits, of late, the company needed help to make it profitable. Tariq's dilemma was to develop a strategy to put the organization back on the growth path.

He wondered whether the operations and marketing problems could be solved simultaneously. He had to present his strategic approach to the board within two weeks. Through this case study, management students can understand the interdependency of functional areas, such as operations, marketing, HR and finance. Students will learn the focused factory concept and a plant within a plant. They will be able to identify and appreciate dissonance and resonance between functional strategies and the importance of aligning functional strategies. Moreover, students will learn about consumer packaging types, material and their converting processes, which are the essential aspects of the fast-moving consumer goods business.

The target audience can be an Executive Program in Operations Management, BBA and Postgraduate Diploma in Management students who have opted for Operations Management or Operations Strategy as their major/minor specialization.

Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 11: Strategy.

The learning outcomes of this study are as follows:

▪ to bring the appreciation of the complexities involved in managing a mission-driven not-for-profit (NPO) institution;

▪ to highlight the pressures and tensions felt by a mission-driven not-for-profit organization from various stakeholders; and

▪ to appreciate the managerial challenge involved in making a not-for-profit organization financially sustainable while meeting its mission objectives.

The National Institute of Development Management (NIDM), established in 1980 by a group of development professionals, was a mission-driven high-performing knowledge institution focused on professionalizing the management of people’s institutions. From one long-term academic program in 1980 to three in 2019, NIDM came a long way in its journey. For the first five years, the institute offered a stipend to its students in the PGDM-DM program and placed them in village-based organizations. The next 15 years saw a general shift in attention toward the development sector, and NIDM started placing its students in other organizations beyond village-based development organizations. NIDM supported all its activities through funds generated on its own from program fees charged to the students, consulting and training activities. Prof. Sengupta, the Director, faced multiple challenges. He needed to decide what action he could take to keep the 40-year-old institution financially sustainable while remaining committed to the mission of its founders.

This case can be used in courses such a Managing Not-for-Profit Organizations and Management of Dual-Purpose Organizations. The case can be taught to the students of management, development management or agribusiness management programs. This case is also suitable for the faculty development programs participants to bring about the appreciation of managing an institution of higher education. The case requires about 70–90 min of class discussion time.

Teaching notes are available for educators only.

CSS 11: Strategy.

In China, supply chain finance (SCF) has gradually emerged as a new service for the retail industry. This case systematically discusses how JD conducts product design and risk control of supply chain finance and related financial services, and analyze the impact of supply chain finance on JD's retail operations. The case also analyzes the relationship between JD supply chain finance and traditional financial institutions, and explore the future development of retail supply chain finance.

This case study is related to start-up post-listing investment analysis. Through this case study, students will be able to perform the business analysis guided by the Venture Evaluation Metric tool, perform financial analysis using the discounted cash flow methods and perform investment analysis recommendation with justifications from the business and financial analysis performed above.

This case study sets out the study of a scalable start-up, Zomato, which is a successfully listed start-up firm in India. Despite the start-up development success in the pre-listing, the firm has exhibited a continuous unprofitable finance performance in the post-listing and has further experienced a volatile share price performance, both of which have puzzled existing and potential investors. In addition, some analysts are in the opinions that the firm share price valuation have been inflated with overvaluation since in the initial public offering stage and remain traded with overvaluation in the market. Notably, considering the negative indicators mentioned above, investors are concerned about long-term sustainability of the firm business and financial performance. In the context of post-listing investment, the following questions are material to investors: What is the realistic growth trajectory for Zomato in the medium term? What is Zomato’s share fair value in the medium term? Can one see opportunities or risks ahead of investing in Zomato’s shares? What will be the investment strategy for new investors?

This case study is suited to bachelor’s and master’s level in business schools studying entrepreneurial finance analysis.

Teaching notes are available for educators only.

CSS 1: Accounting and finance.

The case aims to understand and analyse the capital structure decisions made by a profit-making, growing organisation which aimed to be India’s premier airline and the market leader. The company that had pursued a high debt policy, to take advantage of the financial leverage that it would get, was now facing problems in an operating environment that proved to be challenging. A decline in operating profit, coupled with high-interest costs and an uncertain environment with cutthroat competition, had caused the company to plunge into losses. Attempts to deleverage by equity infusion were proving to be difficult. The case can be used in MBA, Executive Education and doctoral programmes. The learning objectives of this case are: to analyse the capital structure of the company, to interpret the relationship between financial leverage and risk, to assess the pecking order theory, to analyse the nuances of the aviation sector and the factors influencing the profitability of the companies in the aviation industry, to estimate the risks and the rewards associated with foreign currency loans, to evaluate the magnifying impact of the financial leverage and to propose deleveraging methods like sale and leaseback, debt conversion to equity and devise a revival strategy for the company.

The case discusses the dilemma faced by Naresh Goyal, promoter and chairman of Jet Airways (India) Limited. At the initial stage, Jet Airways, like many other companies in its growth phase, relied on borrowed funds to meet its investment needs. However, over-reliance on borrowed funds with just one equity infusion resulted in a high leverage ratio and an aggressive capital structure. Moreover, the company operated in a sector that was highly regulated, with competition that was cutthroat and a cost structure that was volatile. A high operating risk, coupled with high financial leverage, pushed the company into incurring losses. Having run out of cash, Jet Airways eventually defaulted on loan repayments to its lenders. Facing the eventuality of losing control of the company to lenders or to a strategic investor, Goyal was trying to figure out a way to save the company from insolvency and liquidation. It was becoming increasingly difficult for Goyal to keep Jet Airways, the company he had nurtured like a baby, airborne.

The case can be taught in both online and offline modes of delivery in a 90-minute session. Post-covid, the delivery mode of classes has changed. In online sessions, it may be a challenging task to ensure student participation.

Teaching notes are available for educators only.

CSS 1: Accounting and Finance.

The purpose of this study is to describe how Zoom became the tope video conferencing service across the globe.

This case was developed from secondary sources including industry reports, academic, newspaper, periodical sources, company annual reports, social media sites and company websites. This case has been classroom tested with undergraduates in a strategic management course as a capstone course.

The case study describes the rapid growth of Zoom Communications Inc., a San Jose based publicly traded video conferencing company founded in 2011 by Eric Yuan. It illustrates the competition in the online meeting solutions industry in late 2020, during the COVID-19 lockdown. To explain how Zoom became the top video conferencing service across the globe, the case highlights the attractiveness of the market and the competitive advantage of Zoom over its rivals. Students can evaluate the internal capabilities and competencies of Zoom as well as identify key challenges in the external environment for sustaining Zoom’s competitive advantage.

This case study is suitable for strategic management classes for upper-level undergraduates and at the graduate level for MBA and/or master students. It prepares students to discuss core concepts in strategy, such as competitive strategy and competitive forces that shape strategy.

The non-executive Chairman, Chaturvedi, must lead the Board of Directors of ICICI Bank as it deals with the adverse findings by a former Supreme Court judge against Ms. Chanda Kochhar, the former Chief Executive of the Bank. She had not disclosed a conflict of interest regarding a loan to a corporate group that had business dealings with her husband. Months earlier, the Board had exonerated her and also allowed her to retire from the Bank. Could and should the Board now reclassify Kochhar's retirement as ‘Termination for Cause’ and claw back her past bonuses?