Cultural and Diversity Management Interview

Introduction Cultural and diversity management is paramount to the success of modern organizations. The world comprises many regions and people who have varying linguistic abilities, religious affiliations, and races among other aspects. These factors give rise to diversity.Advertising We will write a custom essay sample on Cultural and Diversity Management Interview specifically for you for only $16.05 $11/page Learn More Therefore, it is vital to assess the importance of cultural and diversity management in the accomplishment of both individual and organizational goals. This paper provides insight into cultural and diversity management by analyzing two interviews conducted on individuals from different backgrounds. Methodology The interview applies various steps that provide the basis for collecting data on diversity and cultural variations amongst the individuals. The interview questions are open-ended to enable the interviewee expound the issues rat her than providing direct answers. As a result, the interviewer obtained more information about their experiences in their cultural environments. The interviewer moderated the session seeking clarifications where the experience was unclear. Regional Diversity My first respondent was a Japanese citizen who reported having worked in the United States for the last nine years. Interviewer: What have you achieved from the embracement of diversity and multiculturalism in your organization? Interviewee: The world has become a pool of individuals who come from diverse cultural and racial origins. As a result, they have assorted mindsets on various spheres of living. Working with people from different cultural groupings brings promotes the accomplishment of common goals, motivation, and inter-ethnic acceptance. These variations have provided me with skills to distinguish between various tastes of life, opinions, perspectives, and unique experiences. Sharing life experiences has variously in spired me on the verge of giving up.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Interviewer: As Japanese, how has been your work experience in the United States? Interviewee: I have acquired a plethora of experiences that such as life skills, acceptance of cultural diversity, endurance, and racial prejudice among others. The United States is a multi-cultured continent with the highest number of people who come from the other continents. I have learned to incorporate the ideas of other cultures in individual and workplace decision-making processes. Interviewer: What are the benefits that accrue from this cultural awareness and diversity? Interviewee: The benefits that accrue from the existence of diversity have significantly expanded my perspectives on various workplace dilemmas related to management. Diversity has improved my creativity and innovation capabilities. In an attempt to mai ntain diversity, individuals use their uniqueness as an identification tool. Diversity and cultural inclusion in the work environment have variously helped me to formulate informed decisions. I have ventured into numerous innovations and discoveries. Earlier this year, the science club in our school was involved in a project to campaign for a particular change in our college. As an active member, I was chosen to spearhead the scientific innovation. The embracement of multiculturalism in institutions also promotes the control and maintenance of morals and appropriate behavior among people. People strive to maintain their culture through moral uprightness and adherence to its provisions. Analysis Variations that exist among different people underpin the understanding and appreciation of diversity. The acknowledgment of the behaviors, attitudes, perceptions, and values of other people greatly influences one’s behavior. For instance, learning the culture of other people helps ind ividuals to understand and respect them.Advertising We will write a custom essay sample on Cultural and Diversity Management Interview specifically for you for only $16.05 $11/page Learn More Diversity brings forth the appreciation of varied values that comprise the cultures of other people for the promotion of a peaceful coexistence. This state of events builds an understanding of the race, age, physical, religious, social, political, ethnic, and sexual differences that exist among diverse individuals. Discussion The embracement of diversity in different geographical, racial, and cultural areas helps an individual to develop an understanding of various organizational dilemmas that have significant effects the formulation of sound management decisions. Romanenko (2012) affirms that students from various parts of the world can perform better as compared to those from the same locality if diversity is embraced in the learning institutions. The perceptions of employees and their engagement in the organizational activities are paramount to the accomplishment of diversity initiatives. The interview reveals that organizations should consider the employee involvement as an integral part of their success strategies (Romanenko, 2012). Learning The interview provided insight into the appreciation of diversity and multiculturalism. It is clear that various benefits accrue from the implementation of diversity among institutions that comprise different cultural and racial orientations. The interview also reveals that the failure to embrace cultural and diversity integration in organizations can hinder the accomplishment of various business goals. However, organizational leaders should play a crucial role in ensuring that they appreciate diverse individuals by adopting management strategies that offer equal opportunities, especially in the workplace. In the light of the interview, a greater assimilation and absorption of cultures will bring abo ut the integration of diverse talents in the organization. This situation promotes the accomplishment of the organizational goals (Andrevski, Richard, Shaw, Ferrier, 2014). Cultural Variations and Diversity The second interview involved a Black American, who worked in a public organization in the United States. Having been in the public domain for a couple of decades, the respondent explicates various experiences that she has gained from the existence of cultural variations and diversity.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Interviewer: How do you perceive the management of the world’s diversity populations in the public organization? Interviewee: The world has diverse populations that present unique cultures to the global sphere. The blending of different cultural practices in the public organization eases the interactions between people thereby enhancing peaceful coexistence. The appreciation of the various provisions of these cultures in the organization significantly helped in resolving various social mayhems hindered the achievement of targets. Interviewer: How can cultural diversity promote global integration? Interviewee: Cultural variations provide an opportunity for experiencing a different taste of life. The appreciation of cultural diversity provides a basis for developing a common ground for understanding the uniqueness of the world’s communities. This set of circumstances underpins the integration of global communities. Besides, it brings about cultural assimilation and absor ption, which provides a framework for the development of modern social institutions. Interviewer: For that reason, do you think the individual cultures are becoming less vital to us? Interviewee: With the rising cultural assimilation, people have adopted other cultures. The copying of practices has been associated with the lack of appreciation of individual cultures. Other individuals perceive that some cultures are superior as compared to theirs. Nevertheless, people should learn to appreciate and preserve their cultures to avoid losing their uniqueness. Analysis The cultural diversity and distinctness we experienced in the past may be on the verge of extinction because of assimilation. However, the diversity brings together the experiences and perceptions of different people from various parts of the world (Bartikowski Walsh, 2015). Diversity surpasses the moral imperatives that are held in most organizations. Indeed, Tierney (2007) affirms that it has become a global necessity t hat binds diverse civil societies. Discussion With cultural and diversity in the world, greater achievements are achieved. For instance, the people benefit from the shared experiences that arise from global integration (Tierney, 2007). People have diverse beliefs about the existence of different cultures across the world. The uniqueness associated with these variations helps individuals view situations with different perspectives. According to Andrevski et al. (2014), multiculturalism provides the best environment for individual, team, and organizational growth. For instance, cultural diversity promotes the applicability of different approaches to various issues since it underpins the development of robust problem-solving techniques (Kottak, 2011). Both leaders and employees should play a critical role in the promotion of diversity values. Andrevski et al. (2014) suggests that diversity values should be aligned with the organizational strategies. The interview shows that the benefit s reaped from diversity and cultural embracement are important for employee motivation. Learning There is a need to preserve cultural diversity in the modern world since it is paramount to the provision of a wide range of talents to organizations. With consultations brought about by this diversity, it is possible to make decisions on various organizational dilemmas that hinder development. Sharing and exchanging ideas also promotes innovation and creativity. The respondent feels that cultural assimilation is minimizing diversity values that exist amongst different cultures across the globe. Although this statement is true, diversity entails not only the cultural values of a particular community but also other aspects such as experience, skills, social values, and innovative abilities among others. Reference List Andrevski, G., Richard, O., Shaw, J., Ferrier, W. (2014). Racial Diversity and Firm Performance the Mediating Role of Competitive Intensity. Journal of Management, 40(3), 8 20-844. Bartikowski, B., Walsh, G. (2015). Attitude toward cultural diversity: A test of identity Related antecedents and purchasing consequences. Journal of Business Research, 68(3), 526-533. Kottak, C. (2011). Cultural Anthropology: Appreciating CulturalDiversity. New York, NY: McGraw-Hill. Romanenko, A. (2012). Cultural Diversity Management in Organizations: The Role of Psychological Variables in Diversity Initiatives. Retrieved from http://othes.univie.ac.at/15821/1/2011-08-17_0647059.pdf Tierney, S. (2007). Accommodating cultural diversity. Aldershot, England: Ashgate. This essay on Cultural and Diversity Management Interview was written and submitted by user Hezekiah Valenzuela to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

For a contract to exist under Scots Law there must be consensus in idem or a meeting of minds Essays

For a contract to exist under Scots Law there must be consensus in idem or a meeting of minds Essays For a contract to exist under Scots Law there must be consensus in idem or a meeting of minds Paper For a contract to exist under Scots Law there must be consensus in idem or a meeting of minds Paper Essay Topic: Law A basic definition, of a contract is an agreement enforceable at Law. Institutional writers, whose works, strongly influenced, Scots Law, wrote of Contract as a form of obligation. Erskine defined a contract as a legal tie, by which one is bound to pay or perform, something to another. However, it should be noted, under some circumstances, certain legal ties or obligations, may have legal consequences, but are not legally enforceable. A contract has been defined in the Digest of English Civil Law as an agreement, which creates, or is intended to create, a legal obligation, between the parties to it. The contract is based upon its ingredients, such as the Offer, the Acceptance of the Offer and the Intention of both parties (the Offeror and the Offeree or Acceptor) to be bound by the terms of the contract. Consensus in idem, literally means, a meeting of the minds, or an agreement, as to the same thing. In other words it is the common consent, necessary for a binding contract. This idea evolved, from the 19th century regard for the free market, and Laissez Faire. It is a minimalist approach, to contractual relations, between people, which are enforceable by the Law. Parties must be in mutual agreement, to the terms, which bind them, in order for, consensus in idem, to exist. This is displayed by the words of Bell, To a perfect obligation, (besides the proof requisite), it is necessary that there shall be a deliberate and voluntary consent to engage. Consent to contract, however can be viewed, in a Subjective sense, considering elements, which invalidate such agreement, as well as incapacity to do so, based upon the nature of the party involved, or how, such consent, is obtained. Such a perspective, can be demonstrated in Harvey V. Smith, (1904) 6F, 511, where missives were held, not to be binding, on an illiterate man. The contract, formed, in this case, seems to have found its existence, owing to, the incapacity, of one of the parties (the defendant), based on his illiteracy and a lack of understanding of the terms, the contract involved. However, the decision, made by the judge presiding, was on, grounds of distinguishing between the plain meanings of words and highly technical rules. : It seems that this decision, was made, because the judge, sought to avoid, an objective approach, as to the nature of consent, owing to sympathy with the defendants weaker position, and insufficient means, to establish, Facility and Circumvention or Undue Influence. An Objective standpoint can be found, in the words of Lord Russell of Killowen, from the English case of, Esso Petroleum Ltd V. Commissioners of Custom Excise, [1976] All E. R. here he said that, it is trite law, that if on analysis, a transaction has in Law, one character, the fact that the parties either accidentally or deliberately, frame the transaction, in language appropriate, to a transaction of a different character, will not deny it, to its true character. The idea behind this, objective approach is that a contracts legal effects should not be based upon the intentions of the parties involved in it. In the appeal case of, Muirhead Turnbull V. Dickson, (1905) 7F. 686, the parties involved were in dispute about w hether, the contract between them, was one of Hire Purchase or Sale. Lord President Dunedin stated that, contracts cannot be arranged, by what people think in their inmost minds contracts are made according to what people say. Consequently, it can be said that, when tested objectively, a persons secret intent, behind consenting, to enter into a contract, is not relevant as far as the law is concerned. The Subjective Approach to ascertain consensus, deals with situations of its improper attainment, which invalidates, the contract in question, as there is no actual meeting of minds. Circumvention is a form of Constructive Fraud, conforming with, Lord President MNeills definition, from MKeller V. MKeller. 1861, 24 D. 143. In such a crime, consent is obtained by outwitting or circumventing another party. Facility is the necessary foundation, for the plea of circumvention, distinguishing it from fraud. It means a weakening of the facilities, owing to severe illness, old age and sometimes even intoxication, as in Jackson V. Pollock, 1900, 8. S. L. T. 267. A typical example of a contract rendered void, due to circumvention, is Sunderland V. W. M. Low Co. Ltd (1901) 3F. 972, where a party T, who was insolvent to debt, convinced his facile brother-in-law S, to become a cautioner in a bond, for the amount, of his debt, by telling him, that he would never have to pay, if he signed and consulting a law-agent was unnecessary. S was charged to pay the sum, but the Courts held the obligation to be reduced, on grounds of circumvention owing to facility. Force and Fear is demonstrated similarly as, consent improperly obtained, undermining contract as in the case of The Earl of Orkney V. Vinfra, (1606) Mor. 6,481, where the Earl forced Vinfra, to contract with him, by threatening him with a sword. The contract was held, to be null, as the exception of fear, was very relevant. However, fear of lawful consequences, does not from sufficient grounds, to plead, a forced consent, as in Priestnell V. Hutcheson, (1857) 19 D. 485. Other means of obtaining consent improperly, leading to annulment, of contracts, include Undue Influence, Error and Misrepresentation of any sort. Consensus between the parties of a contract, when objectively perceived, may be in question, in some circumstances, and nevertheless the contract upheld. This is because, as previously mentioned, the legal consequences of contractual committal, sometimes differ from the intent, of the deliberating parties in question. Consent given, owing to an error, entertained by, one of the parties, was not considered, by itself sufficient, to nullify the contract, in the case of, Stewart V. Kennedy, (1890) 17 R, (H. L. ) 25. Error in Scots Law, is not a basis, for avoidance, of an obligation, founded on consent, but may preclude, the giving of that consent. In the previously mentioned case, it was held, affirming the session courts decision, that (irrespective of intent), the appellant, could not claim, to have the contract reduced, merely because, he understood it to be, other than, it really was. A similar decision which, upheld the terms of the contract, without considering the intent of, one of the parties, (in this case the defendant) was made, in the famous English case, of Carlill V. Carbolic Smoke Ball Co. [1893] 1. Q. B. 256. Usually an offer, is made to one particular Legal Personality, however in some cases, as demonstrated in this one, it can be made to the whole world. The defendants were the proprietors of the Carbolic Smoke Ball, which they advertised, to be preventive, of any disease, associated with taking cold. The advertisement, also offered, to pay a sum of money, to any party, who contracted influenza after the prescribed usage of their product. Mrs Carlill, the plaintiff, did exactly this, and then sought to claim the, sum offered. The Court of Appeal, interpreted the advertisement as, an offer to a unilateral contract where, as in this case, the sum payable was based upon, the fulfilment of a condition, which was contracting influenza. The defence, claimed the case to be, similar to Harris V. Nickerson, Law Rep. 8 Q. B. 286, where the advertisement, was held too vague, to be the basis, of a contract. Furthermore they stated that the advertisement was a mere puff which meant nothing, and that it was not the intent of the defendants to contract, although the company had claimed, in the advertisement, to have deposited, a sum of money in the Alliance Bank, as a sign of good faith. Hawkins J. ound for the plaintiff, as he judged, the intent of the defendants to be immaterial, and that the facts of the case did indeed establish a contract, although there was clearly no Consensus in idem. Another example of how the objective approach, to ascertaining consensus, can enforce a contract without a meeting of minds, can be found in Buchannan V. The Duke of Hamilton, (1878) 5. R. (H. L. ) 69. In the words of Lord Blackburn; It is not enough, that the parties, were not agreed. It may have been, that one of them meant one thing and the other, the other. Nevertheless if one has so conducted that if he had been, a reasonable man, he would have known, that the other side, did agree, to certain terms, and if, the other side did, in fact, in consequence of his so acting, believe it, it matters not, that man, did not really mean, to do it. He would be personally barred from disputing, he was bound, by the terms, which the other side had been led to believe were relied on, by him. In an ideal contract, the parties to it would fulfil, the terms, in complete agreement, as to what the contract is. This is where Consensus in idem, exists. However such Consensus, is not really a meeting of minds, in the strictest sense of the expression, when real contracts are dealt with. This is because it seems, that the Law of Contract does, make the sanction, for circumstances where a contract, may be completed, without the parties ever having been in agreement at all.