EduKedar Project

Remedies for Breach of Contract

Management

August 4, 2022

Breach of Contract is the act of violation of any of the agreed-upon terms and conditions of a binding contract. And Where there is a right, there is a remedy so here in this article, we have shared all the various kinds of remedies for breach of contract.

► What is a Breach of Contract?

A contract provides correlative rights and obligations. A right accruing to a party under a contract would be of no value if there were no provision of remedy to enforce that right in a law court in the event of its infringement or breach of contract.

◉ Remedies for Breach of Contract Meaning

A remedy for the breach of contract means a special right given by law for the enforcement of a right. Remedies for Breach of Contract refers

A contract is a legally enforceable promise. This promise is usually for the purchase of an item, for any consideration or for a service or job rendered. If a party breaks a promise, the other party may be able to sue for the breach of contract.

◉ Definition of Breach of Contract

A breach of contract can be defined as breaking a rule or an agreement. A breach of contract is an act of failing to do something in accordance with the contract.

Breach of contract refers to nonperformance of contract impliedly or expressly at the time of performance or even before that. which is one of the modes of termination of the contract.

If a contract is broken by one party then the other party becomes aggrieved and can take remedy for the breach of the contract.

Breach of contract can be classified into two types.

Anticipatory Breach
Actual Breach

Now let’s discuss the remedies for breach of contract.

► What are the Remedies for Breach of Contract?

When a contract is broken (breach), the injured party can have one or more of the following remedies;

Rescission of the contract.
Suite for Damages.
Suit upon Quantum Meruit
Suit for Specific Performance of the contract
Suit for Injunction

Here are a detailed description of remedies for the Breach of Contract.

✔ 1. Rescission of the Contract

An injured party may sue to treat the contract as rescinded. He is also absolved of all his obligations under the contract.

In contract law, the term rescission refers to the unfulfilling, undoing, or not making the performance of a contract between parties.

The breach of contract tends to make discharge the contract, but the aggrieved party may sometimes need to approach the court to grant him remedies such as a formal rescission, i.e. cancellation, of the contract.

This action enables the injured party to be free from his own obligations under the contract. The major reasons for rescission can be stated as follows;

Innocent or fraudulent representation.
Mutual mistake
Lack of capacity to contract
An impossibility to perform a contract that was not contemplated by the parties
Duress
Undue Influence

An Injured party can rescind a contract because of a breach by another party, but it is necessary that the breach must be so substantial that it defeats the purpose of the contract.

One can also rescind a contract by making all parties agree to cancel the contract if they can do so.

For Example, John promises Mike to deliver 50 bags of cement on a certain day. John agrees to pay the amount on receipt of the goods. John failed to deliver the cement on the appointed day. Mike is discharged from his liability to pay the price.

Also Read : 7 Essential Elements of a Valid Contract

✔ 2. Suite for Damages

Here Damages referred to monetary compensation awarded to the injured party by the court for the loss or injury suffered by him.

A remedy taken by getting a suit for damages is the most common remedy available to the injured party. In this way, the injured party entitles to recover compensation for the loss suffered by it due to the breach of contract, from the party who causes the breach.

The damages which may be awarded to the injured party can be different as per the case and they can be of the following types;

Ordinary damages
Special damages
Vindictive or exemplary damages
Nominal Damages
Liquidated damages and penalty

Ordinary damages: it is the most common type of damage that arise in the usual course of things from the breach of a contract.

Special damages: supposed to have been in the contemplation of both the parties at the time when they made the contract as the probable result of the breach of it.

Vindictive or exemplary damages: damage + punishment claim (husband-wife matter) in case of the breach of a contract to marry or dishonor of a cheque by a banker wrongfully.

Nominal Damages: where the injured party has not suffered any loss by reason of breach of contract, the court may award a very nominal sum as damage.

Liquidated damages and penalty: represent a sum, fixed and ascertained by the parties in the contract, which is a fair and genuine pre-estimate of the probable loss that might ensue as a result of the breach.

✔ 3. Suit upon Quantum Meruit

A right to sue on a quantum meruit (as much as earned) arises when a contract, partly performed by one party, has become discharged by the breach of the contract by the other party.

The remedy for a breach of contract available to an injured party against the guilty party is to file a suit upon quantum meruit.

The phrase quantum meruit means “as much as is earned” or “in proportion to the work done.” it is mostly used in the case of salaried employees or wages of the laborer.

A right to use suit upon quantum meruit usually arises where after part performance of the contract by one party and there is a breach of contract or the contract is discovered void or becomes void.

This remedy may be availed of either without claiming damages (i.e., claiming reasonable compensation only for the work done) or,
In addition to claiming damages for breach (i.e., claiming reasonable compensation also for part performance and damages for the remaining unperformed part.)

For Example, In an Indian case, Ram Krishna vs Rangoobed, where A plowed the field of B with a tractor to the satisfaction of B in B’s presence. It was held that A was entitled to payment as the work was not intended to be gratuitous and the other party has enjoyed the benefits the benefit of the same.

✔ 4. Suit for Specific Performance of the Contract

The suit for specific performance of the contract states that there is no compensation, but a fulfillment of an obligation of the contract is there.

In certain cases, the court may direct the party in breach of a contract to actually carry out the promise, exactly according to the terms of the contract.

For Example, cases of breach of contract where Priceless things and ancestor land is involved in the contract.

Specific performance is an equitable remedy that is provided by the court to enforce the duty of doing what the plaintiff agreed by contract to do, against a defendant. This remedy is granted by way of exception and depends on the case.

Thus, this remedy is in contrast with the remedy by way of damages for breach of contract, which gives rise to pecuniary compensation for failure to carry out the terms of the contract.

Both the remedies (Damages, and specific performance of the contract) are available upon breach of obligations by a party to the contract.

This equitable remedy is granted at the discretion of the respective court. So specific performance is a decree granted by the court to compel a party to perform his obligations as per the contract.

This remedy is usually available where damages are not an adequate relief, e.g, where the subject matter of the contract is unique in nature like Chinese vases in the case mentioned in the following example.

For example, A lady sold a pair of Chinese vases to an antique dealer for Rs.1600 each. Before delivery, she began to have doubts about the real value of the vases she asked another dealer for a valuation. He offered Rs.16000 for the vases.

The lady accepted the offer and the second dealer was ordered to hand the Chinese vases over to him. It was held that the claimant was only entitled to get damages.

In fact, despite the damages are not sufficient to remedy here, the claimant was not entitled to specific performance because he had not behaved fairly, as he knew that the price of Rs.1600 for each vase was grossly inadequate. In this case, The lady was not an expert, so the two parties were not on equal footing.

Also Read : Types of Contract

✔ 5. Suit for Injunction

An injunction is an order of a court restraining a person from doing a particular act. It is a mode of securing the specific performance of the negative terms of the contract by the court.

To put it differently, where a party is in breach of negative terms of the contract such as when he is doing something which he promised not to do. Then the honorable court may, by issuing an injunction, restrain from doing, what he promised not to do.

The remedy of injunction is known as preventive relief. It is particularly appropriate in case of anticipatory breach of contract where damages would not be adequate relief.

For Example, If a Doctor practiced anything unethical with a patient then the patient can sue the doctor in court and demand suspension of the doctor’s license by the court as a remedy.

Suit for lifelong ban practice that causes damage to you. It is a mode of securing the specific performance of the negative terms of a contract.

In Another example, a Music label company can sue a contractual singer if he sings for another label. Because according to the contract with the label company they are signed to work only for the label they have contracted.

What is Quasi Contract?

Management

Gaurav Mamgain

August 4, 2022

A quasi-contract is “a legal substitute for a contract”. Quasi-contracts are used when a court wishes to create an obligation upon a non-contracting party to avoid injustice. Today in this article we have shared about Quasi Contract with example.

► What is a Quasi Contract?

Quasi-contract is not a contract at all, because the essential elements of a valid contract are absent. It is an obligation imposed by the court upon a person for the benefit of another even in the absence of a contract.

Quasi-contracts are the lawful and purely voluntary acts of a man, from which there results in any obligation whatever to a third person, and sometimes a reciprocal obligation between the parties.”

An obligation created by law, regardless of agreement.

Sections 68 to 72 deal with “certain relations resembling those created by contract” under the Indian Contract Act, of 1872.

◉ Quasi Contract Meaning

Quasi means “almost” or “apparently but not really” or as if it were.
Obligation between parties is not contractual but one is treated as contractual by law.

Courts create quasi-contracts to protect against the unjust enrichment of the parties in dispute over the payment of goods or services.

◉ Definition of Quasi Contract

“A Quasi Contract is a contract that is created by a court order, not by an agreement made by the parties to the contract.”

“Quasi-Contracts are created by the court when no official agreement exists between the parties, in disputes over payments for goods or services.”

The goal of the court’s creation of these contracts is to prevent unjust enrichment to any party.
A contract created by the court in the absence of an official agreement between the parties.

► Types of Quasi Contract

Section 68: Supply of necessities to persons incompetent to contract.
Section 69: Payment by a person who is interested in a transaction.
Section 70: Obligation of person enjoying the benefit of non Gratuitous Act.
Section 71: Finder of Goods.
Section 72: Money paid under a mistake or coercion.

Also Read : Types of Contracts

► Example of Quasi Contract

Here are the best examples of Quasi Contracts that will clear your understanding of the concept.

✔ Example 1:

Let’s take the most basic example first. Let’s say you pay for a pizza to be delivered.

If that pizza is delivered to another house, and someone else enjoys your three-topping special, a Quasi-Contract could be initiated.

Now, the pizzeria could be court-ordered to reimburse you for the amount you paid for that pie.

✔ Example 2:

T is a tradesman, who leaves goods at C’s house by mistake, C treats the goods as his own, and C is bound to pay for goods.

✔ Example 3:

Sunny pays for a smartphone to be delivered, Unfortunately for her, that smartphone has been delivered to another house, and someone else received it on her dime.

A quasi-contract has been entered into and the Delivery person (e-commerce site) could be court-ordered to reimburse Sunny for the amount that she paid for it.

✔ Example 4:

A plumber accidentally installs a sprinkler system on the lawn of the wrong house.

Will the men be held liable for payment?

Yes, If it could be proven that the man knew that the sprinklers were being installed mistakenly. The court would make him pay because of quasi-contract.
No, he would not be liable if that knowledge could not be proven.

What is Discharge of Contract?

Management

Gaurav Mamgain

August 4, 2022

Discharge of contract refers to the way in which a contract comes to an end. Today in this article, we have shared what is the discharge of contract and its types, and modes of discharge of contract.

► What is the Discharge of the Contract?

Discharge of contract is the state of termination of the contractual relationship between the parties. A contract is said to be discharged when the obligation created by it comes to an end.

◉ Discharge of Contract Meaning

Discharge of contract means termination of contractual duties or dissolution of contracts.
Discharge literal meaning is to remove liability or to be released from liability. Whatever causes a binding contract ceases to be binding is a discharge of the contract.
A discharge can take place generally by performance, agreement, the lapse of time, frustration, and breach.

◉ Definition of Discharge of Contract

As per the Indian Contract Act 1972,

“Discharge of contract has been defined as the termination of the contractual relationship between the parties. A contract is said to be discharged when it ceased to operate and when the rights & obligations created by it come to an end.”

The various modes of discharge of contract or the different ways of discharge of contract are explained below.

► Modes of Discharge of Contract (Types)

The various ways or modes of discharge of a contract are as follows;

By Performance
By Agreement or consent
By Impossibility of performance
By Lapse of time
By Operation of Law
By Breach of contract

✔ Discharge of Contract by Performance

Performance of the contract is the act of performing an obligation. It occurs when the parties to the contract fulfill their obligations arising under the contract within the time and in the manner prescribed.

Section 37, of the Indian Contract Act 1872, lays down that the parties to a contract must either perform or offer to perform their respective promises unless such performance is dispensed with or excused. Performance of the contract is known as one of the most usual modes of discharge of a contract.

Discharge by performance may be of two types; Actual and Attempted.

◉ Actual

Actual performance simply means when both parties involved in the contract perform their promises, then the contract is discharged.

◉ Attempted

Where the promiser offers to perform his obligation, but the promisee refuses to accept the performance.

✔ Discharge by Agreement or Mutual Consent

This is one of the common ways by which the discharge of a contract occurs between the parties. It can be executed by mutual consent of both parties involved in the contract. The consent can be of two types that are by express and implied consent.

Discharge of Contract by agreement or mutual consent is categorized into the following types;

Novation
Rescission
Alteration
Remission
Waiver
Merger

◉ Novation

Novation occurs when a new contract is substituted for an existing one, either between the same parties or between new parties, the consideration mutually being the discharge of the old contract.

When the parties to a contract agreement for novation. The original contract is discharged by novation and need not be performed.

The following condition comes along with novation.

(a) Novation cannot be compulsory.
(b) The New contract must be valid and enforceable by the law.

◉ Rescission

The contract is discharged by rescission when all or some of the terms of the contract are canceled.

By Rescission, A contract may be discharged before the date of performance and by agreement between the parties to the effect that it shall no longer bind them.

Such an agreement amounts to the rescission or cancellation of the contract, the consideration for mutual promises being the abandonment by the respective parties of their rights under the contract. An agreement of rescission releases the parties from their obligations arising out of the contract.

◉ Alteration

The contract is discharged by Alteration when one or more of the terms of the contract is altered.

Discharge of contract by Alteration means a change in one or more of the material terms of a contract by mutual consent. When an original contract is discharged by alteration and then new contract in its altered form takes its place.

In case of discharge of contract by alteration, the number of parties remains the same, only the terms of a contract are altered.

◉ Remission

The contract is discharged by Acceptance of a lesser fulfillment of the promise made.

Remission may be defined as the acceptance of a lesser sum than what was contracted for a lesser fulfillment of the promise made.

◉ Waiver

The contract is discharged by Waiver when Intentional relinquishment or giving up of a right by a party entitled thereto under a contract.

Waiver means the deliberate abandonment or giving up of a right of the party which is entitled to under a contract, whereupon the other party to the contract is released from his obligation.

◉ Merger

The contract is discharged by Merger when an inferior right accruing to a party under a contract merges into a superior right accruing to the same part under the new contract.

✔ Discharge by Impossibility of Performance

◉ 1. Impossibility at the time of the contract (Known to the parties)

If the impossibility is not obvious and the promisor alone knows of the impossibility or illegality then existing or the promisor might have known as such after using reasonable diligence.

In such case, Promisor is bound to compensate the promisee for any loss he may suffer through the nonperformance of the promise, in spite agreement being void ab-initio (Section 56).

◉ 2. Subsequent impossibility (Unknown to the parties)

Here Initial impossibility is unknown to the parties. In this case, an agreement to do an act impossible in itself is void.

When the performance of the Contract becomes impossible after the contract is made. impossible due to some event that the promisor could not prevent, and that the impossibility should not be self-induced by the promisor or due to his negligence.

◉ 3. The Doctrine of Supervening impossibility

An impossibility that arises subsequent to the formation of a contract.

Cases where the impossibility of performance is an excuse:

Destruction of subject matter
Nonexistence of a state of things
Death or incapacity for personal services
Change in law
Outbreak of war

Cases where the impossibility of performance is not an excuse:

Difficulty of performance
Commercial impossibility
Failure of a third party
Strikes, lock-outs, and civil disturbances
Failure of one of the objects

✔ Discharge by Lapse of Time

Discharge of contract by Lapse of Time occurs if a contract is not performed within the period of limitation and if no action is taken by the promisee in a law court, the contract is discharged.

In certain cases, the lapse of time may also discharge a contract where time is of the essence in a contract.

If the contract is not performed at the fixed time, the contract comes to an end, and the party not at fault need not perform his obligation and may sue the other party for damages.

Also Read : Types of Contract

✔ Discharge by Operation of Law

Death
Merger
Insolvency
Unauthorized alteration of terms of the contract
Rights and liabilities vesting in the same person or party

A contract terminates by operation of law in the following cases.

◉ Death

Where the contract is of a personal nature, the death of the promisor discharges the contract.

◉ Insolvency

A contract is discharged by insolvency occurs when one of the parties involved in the contract becomes insolvent.

◉ Merger

The contract may be discharged by the merger where an inferior right contract merges into a superior right contract, the former stands discharged automatically.

◉ Unauthorized Material Alteration

A material alteration made in a written document or contract by one party without the consent of the other will make the whole contract void.

✔ Discharge by Breach of Contract

Discharge of contract by the Breach of contract occurs when one of the parties involved in the contract breach the contract. Breach of contract also brings to an end the obligations created by a contract on the part of each of the parties.

The aggrieved party, (party not at fault) can sue for damages for breach of contract may be of two kinds.

◉ (1) Anticipatory breach:

An anticipatory breach of contract occurs when the breach of the contract takes place before the time fixed for performance has arrived.

By an act of the promisor making performance impossible, he rejects before
By renunciation of the obligation such as Express Repudiation

◉ (2) Actual breach:

An Actual breach occurs when a party fails to perform his obligation upon the date fixed for performance by the contract.

At the time when performance is due
During the performance

Also Read : Remedies for Breach of Contract

What is Personal Selling?

Management

Gaurav Mamgain

June 20, 2022

Personal selling is an important component of a company’s promotion mix, along with advertising, marketing, sales promotion, and public relation. Here we have tried to discuss all the concepts of personal selling in very laymen’s terms.

So let’s start with answering the question what is personal selling?

► What is Personal Selling?

It is the direct communication between Salesperson and Prospects that lead to purchase orders, customer satisfaction, and post-sale service.

It is a part of the promotion mix,
Two-way communication
Involves presentation and persuasion.

Prospect is Somebody who a salesperson believes has a good chance of turning into a paying customer.

◉ Personal Selling Meaning

Personal selling means face-to-face interaction between a salesperson and a potential customer for the purpose of selling something.

In this type of Selling, the salesperson interacts with the customer in person.

◉ Definition of Personal Selling

Personal Selling can be defined as direct communication between paid representative and prospects that lead to purchase orders, sale for the company, customer satisfaction, and post-sale service.

According to American Marketing Association,

“Personal Selling is the oral presentation in a conversation (interaction) with one or more prospective purchases for the purpose of making sales. It is the ability to persuade the people to buy goods and services at a profit to the seller and benefit to the buyer.”

According to William Stanton and Walker,

“Personal selling refers to the process of personal communication of information to persuade somebody to buy something.”

According to Mahoney and Slone,

“Personal selling is an act of personal communication between a salesperson and a potential customer or group of customers.”

► Objectives of Personal Selling

The objectives and purpose of personal selling are as follows;

Generate demand
Handling Customer Queries
Educating Customers
Building Relationships
Getting Feedback
Increase distribution outlets
Finding new customers
Sales Maximization

► Nature / Characteristics of Personal Selling

Direct and Face-to-Face Communication
Immediate Feedback
Two-way communication
Very Flexible
Poor Reach
High Customer engagement
Persuasive Activity

► Importance of Personal Selling

Effective planning
Promotion tools
Minimum wastage of resource
Immediate feedback
Demonstration,
It helps to build Relationships in marketing
More Customer Satisfaction
Suitable for technical and industrial products

Must Read :What is Sales Management?

► Process of Personal Selling

The steps involved in the effective selling process are as follows;

Prospecting and Qualifying
Pre approach
Approach
Presentation and Demonstration
Handling objections
Closing
Follow up

✔ 1. Prospecting

Prospecting refers to the process of identifying qualified potential customers. Developing a list of potential customers from sources listed below;

Sales records, trade shows, commercial databases, newspaper announcements, public records, telephone directories, and trade association directories.
Responses to advertisements with information request forms.
Referrals are gained by recommendations from current customers
Good CRM is required to manage the list of potential customers.

✔ 2. Pre-approach

Pre-approach is the process where a salesperson learns and gathers information about the prospective customer.

◉ Finding and analyzing information about the prospect

Specific product needs
Current use of brands
Feelings about available brands
Personal characteristics

◉ Additional research

Identifying key decision-makers
Reviewing account histories and problems
Contacting other clients for information
Assessing credit histories and problems
Preparing sales presentations
Identifying product needs

✔ 3. Approach

The approach is all about the manner in which how the salesperson contacts a potential customer and makes the relationship.

The purpose is to gain information about the buyer’s needs and objectives.
Important to create a favorable first impression and build rapport with a prospective customer.

◉ Typical approaches are as follows;

Referral by an existing customer to a prospective customer.
“Cold” call without a prior introduction to the customer.
Re-connect and make contact based on prior meetings with the potential customer.

✔ 4. Presentation

In this step, the salesperson prepares a presentation so he can discuss the product and its benefits with the potential customer.

◉ Things to do during the presentation:

Attract and hold the prospect’s attention.
Stimulate interest in the product.
Spark a desire for the product.
Listen and respond to the prospect’s questions and comments.

◉ Ways to enhance the effectiveness of the presentation

Make sure prospects touch, hold, or use the product.
Use audiovisual graphics and promotional videos to heighten the impact of the presentation.

✔ 5. Handling Objection

In this step, the Salesperson’s responsibility is to overcome objections and clear doubts and answer the queries from customers.

Anticipate Doubts, and objections and counter them during the presentation.
Generally, the best way to handle objections is to answer them as they arise.

✔ 6. Closing

Now Salesperson tries to convince a prospect to make an order/purchase. And when the order is created it is known as the salesman closes the sale.

Closing is the stage in the selling process when the salesperson finally asks the prospect to buy the product.

◉ Closing strategies adopted by Salesperson:

“Trial” closing in Sales: asking questions (what, how, or why) that assume the customer will buy the product
Asking for a tryout order or sample test: a low-risk way for customers to try out the product

✔ 7. Follow Up

Following up is used to encourage the customer to take action. Follow-up can increase customer satisfaction and repeat orders.

Follow-ups in Selling can be conducted in a number of ways. The most frequently used methods are telephone and email.
Determining if the delivery and setup of the order were completed to the customer’s satisfaction.
Ascertaining the customer’s future product needs.

◉ Post Sales activities:

Keeping customer records,
Evaluate sales efforts
Follow Up for Feedback
Customer service (i.e. Car, Bike servicing)
After-sales products/Accessories

► Types of Personal Selling Situations

The situations where Personal Selling is more effective than Advertising.

Retail Selling,
B2B Selling,
Loans, Insurance Schemes,
New Product Launches,
Industrial and Institutional products,
High-value items (Luxury products)
Missionary selling

► Advantages of Personal Selling

Here are the advantages or benefits of personal selling;

Higher Customer Satisfaction
Customized Message
Interactivity
Persuasive Activity
Build Strong Relationship
Flexible
Opportunity to Closing the Sale
Quick Feedback

► Disadvantages of Personal Selling

Disadvantages or limitations of personal selling are as follows;

Higher Cost
Manpower intensive
The skill of Salesmanship is mandatory
Poor Reach
Time Consuming
Ethical problems
Management conflict
The message may be inconsistent

What is Sales Forecasting?

Management

Gaurav Mamgain

June 20, 2022

Sales forecasting is a projection of expected customer demand for the product or service at a company and it is calculated for a specific time period. Here we are sharing a detailed article on Sales Forecasting. its meaning, types, methods, and techniques of the sales forecast.

► What is Sales Forecasting?

Sales forecasting is used for business planning, sales, marketing, and management decision-making.

Sales forecasting is the process of estimating what future sales may reach your company. Companies use techniques of sales forecasting to predict weekly, monthly, quarterly, and annual revenue and break-even point.

◉ Sales Forecasting Meaning

Sales forecasting simply means predicting or calculating how many products or services your company could sell over a period of time.

◉ Definition of Sales Forecasting

According to Cundiff and Still,

“Sales forecasting is an estimate of sales for a specified future period that is tied to a proposed marketing plan and which assumes a particular set of uncontrollable and competitive forces.”

According to Philp Kotler (Father of Marketing),

“Sale Forecasting is the expected level of sales of the company based on a chosen marketing plan and assumed marketing environment.”

► Importance of Sales Forecasting

Companies use sales forecasting as it has significant importance in factors such as follows;

Sales Planning
Better optimization of Cash flow
Better Resource planning
Demand forecasting
Inventory management
Supply chain management
Understanding customers better and their choices
Identify the market trends and sales pattern
Determine expected ROI to boost sales

► Methods of Sales Forecasting (Techniques)

There are various methods or techniques of Sales Forecasting. These methods are mainly divided into two categories;

Qualitative Methods
Quantitative Methods

✔ 1. Qualitative Method

Salesforce Opinion Method
Delphi Technique
Sales force composite method
Survey of Buyers’ Expectational

✔ 2. Quantitative Methods

Historical Analogy Method
Test Marketing
Time Series Analysis
Moving Average Method
Regression Analysis

Now let’s discuss all the methods and techniques of Sales forecasting in detail.

✔ 1. Qualitative Method

◉ Salesforce Opinion Method

In Sales Team Opinion Method, the Senior Manager asks his team for input on expected demand from each team leader of the sales team.

Each team leader and Area Sales Manager estimate the respective region and product categories and present customer demand.
Finally, the Head of the Sales Teams analyzes all the estimations and generates the final version of the demand forecast.

◉ Delphi Technique

The Delphi technique is a method of sales forecasting in which a panel of forecasting experts generates a demand forecast where each expert makes a forecast of a specific segment.

Once the initial forecasting round is finished, each expert shares the forecast with the management or as the process requires, is influenced by others.
After reviewing all forecasts, all participants again make a consequent forecast and the process repeats until they all reach a near consensus scenario.

◉ Sales Force Composite Method

The sales force composite method involves sales persons estimating their future sales. It is based on a bottom-up approach and is also known as the grassroots approach.

In this method, each salesperson estimates in his sales territory how much quantity or units potential customers will buy.
The sales forecast is made up of a composite of all the sales persons. These estimates are collectively reviewed at a higher management level.
This method is often used by industrial or manufacturing businesses.

◉ Survey of Buyers’ Expectations (Market Survey)

In this method, a representative from the company asks existing and potential customers about their likely purchases of the company’s product or services for the forecast period.

This method is also known as market research or market survey.
Most all company conduct periodic market surveys of consumer buying intentions.
Market research studies seek personal, demographic, interest, and financial information from end-users by asking questions.
This method is useful for products that have little to no demand history.

✔ 2. Quantitative Methods

◉ Historical Analogy Method

The historical analogy method is used where a demand forecast may be derived by using the history of a similar product.

Multiple equivalence groups of analogous series are made to make a more accurate forecast than what can be made with a single series or judgment alone.
In this method, existing products or generic products could be used as a model for the main product. For example, demand for CDs is caused by DVD players.

◉ Test Marketing

The Test Marketing method is used to forecast the demand or sales for a new product that has yet not been officially launched in the market.

In this method, a test is selected. It may be a region, city, or state which is representative of the total market.
After the selection of the test area, that new product will be launched in the area.
If the product is successful in the test area, then the forecast will be that similar levels of success will be achieved in the total market.

◉ Time Series Analysis

In the time series method, a set of observations on a quantitative variable is collected over a period of time.

For example historical data on sales, inventory, and the number of repeat customers.
Analysis of the past behavior of a variable is done in order to predict its future behavior.
Time Series Analysis is very useful for short-term demand or sales forecasting.
Mostly used in fast-moving consumer goods (FMCG) & commodity markets.

◉ Moving Average Method

The simple moving average model assumes an average is a good estimator of future behavior. The formula for the simple moving average is given below.

◉ Regression Analysis

Once a linear relationship is defined, the independent variable can be used to forecast the dependent variable.

Determine the dependent and independent variables
Develop scatter plots and determine if linear or nonlinear relationships exist. Calculate a correlation coefficient. Transform nonlinear data.
Run an autocorrelation and interpret the results – it will be helpful to see if any pattern exists.
Compute the regression equation. Interpret.
Understand the difference between the standard error of estimate, standard error of forecast (regression), and standard error of the regression coefficient.
Evaluate and interpret the adjusted R-square
Test as the independent variable for significance
Evaluate the ANOVA and test the model for significance (F and DW)
Plot the error terms
Calculate a prediction and prediction interval
State Final conclusion about the model (if running different models, compare using MSE, MAD, MAPE, MPE)

► Benefits of Sales Forecasting

Improves Inventory Control
Helps to determine gaps in resources
Aids planning marketing strategy
It helps in preparing the Sales Budget
It is fairly accurate

Limitation of Sales Forecasting

It is based on prediction and sometimes guesswork.
The forecast may be wrong if research data is inaccurate.
If the Sales Manager has a vested interest then It may be biased.
It is time-consuming and expensive.

What is Sales Management?

Management

Gaurav Mamgain

June 20, 2022

Sales Management is the backbone of the marketing function as it manages sales force personnel and sale operations of the company. Today in this article we have shared a complete overview of Sale Management, its meaning, definition, objective, and importance.

► What is Sales Management?

Sales Management is known as the management of overall sales activities such as developing sales personnel, making sales techniques, and managing sales operations.

Sales operations include activities i.e. Recruiting, Selecting, Equipping, Assigning, Routing, Supervising, Paying, and Motivating salespersons.

◉ Sales Management Meaning

Sales Management means the planning, direction, and control of the salesforce in sales-related activities.

Planning, implementing, and control of salesforce and sales programs designed to achieve the targets and profits of the firm.

What are Sales?

A Sale is an activity of exchange of a commodity or service in return for money or the action of selling something.
Here the transfer of ownership of property, product, or service takes place after the money is received in return.

◉ Definition of Sales Management

“Sales Management can be defined as the process of, Developing Salesforce, Coordinating Sales Activities, Implementing effective Sales Techniques to increase Sales & Profit for the company.”

According to American Marketing Association (AMA),

“Sales Management is an act of planning, directing, and control of personal selling, including recruiting, selecting, equipping, assigning, routing, supervising, paying, and motivating as these tasks apply to the personal sales force.”

► Objectives of Sales Management

Better Sales Planning
Sales maximization
Profit Maximization
Benefit to Consumer
Benefit to Company
Benefit to Society
Boost Morale of Salesforce
Ensure Organizational Growth

► Functions of Sales Management

Here are the main functions of Sale management that are listed below;

Establishing Sales Goals
Identify Gap in Salesforce
Creating Sales budget
Assigning Sales Quota
Designing Sales Territories

► Nature / Characteristics of Sales Management

The nature and characteristics of sale management are as follows;

Goal-oriented,
Continuous process
Systematic approach
Relationship building
Integration with marketing management
Profit Oriented
Strong planning
Customer dealing

► Importance of Sales Management

Helps in Product Development
Improves Distribution
Facilitates Financial Decisions
Improve Sales Efficiency
Increase Profits of the Company
Better Customer Satisfaction and Brand Loyalty

► Scope of Sales management

Determining Sales Objectives
Developing Sales force size
Recruiting and Selecting Salesperson
Training Sales personnel
Compensating salespeople
Motivating salespeople
Designing Sales Territories
Controlling and Evaluating sales force performance

► Stages in Sales Management

Initial
Motivate
Engage
Coach
Align

✔ Initial – At the Initial stage, the focus is only on closing deals and lack of leading indicators.

✔ Motivate – At this stage, Leaderboards are created and stake rankings based on the sales performance of the employees are given.

✔ Engage – Now at this stage management clearly defined the selling process to the salesforce. Performance standards are set for the salespeople. Sales pipelines are determined.

✔ Coach – Developing reps and front-line managers is a high priority. Training and development programs are conducted. The onboarding process for freshers and Sales associates is well defined.

✔ Align – Sales operations are data-driven and sales quota and targets are provided. Management monitor and control the salesforce in real-time.

► Frame-work of Sales Management

Sales Strategy
Sales Process
Sales People
Sales Channels
Sales Technology
Sales Customers
Sales Leadership

► Component / Phase of Sales Process

Lead Generation
Lead Qualification
Lead Conversion
Sale Management
Deal Closing
Post Sale Activity

► Process of Selling

Prospecting and Qualifying
Pre approach
Approach
Presentation and Demonstration
Handling objections
Closing
Follow up

Must Read :Process of Selling (Explained in Detail)

► AIDA Model for Sales & Marketing

Attention
Interest
Desire
Action

✔ Attention: The consumer becomes aware of a category, product, or band (usually through promo & advertising).

✔ Interest: The consumer becomes interested in learning about brand benefits & how the brand fits with their lifestyle.

✔ Desire: The consumer develops a favorable disposition towards the brand or product.

✔ Action: The consumer forms a purchase intention, shops around, engages in a trial, or makes a purchase.

► Types of Selling in Sales

Order Taker
Order Creator
Order Getter

✔ 1. Order Taker

Inside Order Taker
Outside Order Taker
Delivery Salesperson

✔ 2. Order Creator

Missionary Salesperson
Hard selling (door-to-door selling)

✔ 3. Order Getter

Frontline
Sale Support Salesperson
Technical Support Salesperson
Merchandisers Salesperson

► Qualities of a Successful Salesperson

Qualities or Skills of a Successful Salesperson with reference to B2B, B2C Marketing.

Active Listening
Honesty
Trustworthy
Commitment to Growth
Optimistic
Extrovert
Always Confident
Finding an emotional connection
Understanding of the product
Excellent Communication (Interpersonal Skills)
Sales as a Service Approach
Putting oneself in other’s shoe
Exhibiting Emotional Intelligence (EI)

What is Sales Budget?

Management

Gaurav Mamgain

June 18, 2022

A Sales budget act as a yardstick for evaluating the company’s performance. Today in this article we have discussed what is sales budget and how it is prepared. factors affecting the budgets and their benefits for the business.

► What is Sales Budget?

The Sales budget, a type of cooperative budget, is a forecast of expected units, a company intends to sell over a period of time and the revenue it should generate from it.

It is the basis for preparing the income statement for the business.
A sales budget is a base document on which other budgets are prepared for the organization.

The management prepares the sales budget based on the Business environment, overall economic condition, competition, production capacity, available funds,..etc.

It serves as a reminder for meeting the clients and targets, also if the company’s actual performance is on the path with the budgeted figure company can take corrective actions on time.

◉ Sales Budget Meaning

Sales Budgeting is an essential function of sales management. It involves the estimation of future revenue and selling expenses. and also profit made by the sales function.

The outcome of sales budgeting is seen in the form of two documents that are as follows;

Sales Revenue
Sales Expenditure

◉ Definition of Sales Budget

A sales Budget can be defined as a spreadsheet that documents monthly, quarterly and annual budgets as well as financial goals, expressed in amount and units of production.

It’s essential to the business that the sale budgets are maintained and formulated accurately because if the information is a mission, this negatively affects the rest of the budgeting process.

► Purpose/Objectives of Sales Budget

The sales budget has two main purposes or objectives that are as follows;

It is a mechanism of control and an instrument of planning.
Budgets clearly define the resources required for performing activities that help an organization achieve its goals and act as an effective tool for controlling firms’ performance.
Should be developed by those responsible for achieving the stated objectives.
Generally, a firm’s budgeting process depends on the revenues it has been getting.

◉ Mechanism of control

Controlling and planning are interlinked to each other. And Budgeting in itself is a controlling process. It emphasizes controlling the deviations.

◉ Instrument of Planning

It is the process of determining a future course of action for helping employees and a path.

Sales Forecasting, scheduling the production process, and budgeting the sales expenditure for the organization are part of planning. It Should be followed diligently by all.

Also Read :What is Sales Forecasting?

► Types of Budget

Business Budget
Master Budget
Operating Budget
Financial Budget
Capital Budget
Sales Budget
Overhead Budget
Static Budget
Cash Flow Budget
Labor Budget
Production Budget

► Major Elements in Sales Budget

There are various major elements in the development of the Budget.

Budget Period
Sales Data
Market Trends
Production Capacity
Sales Budget Preparation
Comparing Results

► Steps involved in Preparing Sales Budget

There are 6 steps in the procedure of developing a sale budget.

Review and Analysis of situations
Identifying specific market opportunities and problems
Sales forecasting
Communicating Sales goals and objectives
The preliminary allocation of resources
Preparing the budget
Getting approval

✔ 1. Review and Analysis of situations

Involves collection of past data pertaining to the company budget for previous years and identifying any variations between planned and actual performances. This helps in taking necessary concerns in developing the current sale budget.

✔ 2. Identifying specific market opportunities and problems

Opportunities and problems that confront sales management can be assessed from the situational analysis.

✔ 3. Sales forecasting

Sales forecasting is done product-wise, client-wise, and according to sales territory. It is done for both unit-wise and rupee-wise sales so that deviation can be easily identified.

✔ 4. Communicating Sales goals and objectives

After Sales forecasting, the next important step for the sales manager is the communicate the goals and objectives to the sales department.

By encouraging them to participate in the preparation of the sales budget, a manager can obtain mutual agreement from them. These objectives should be prioritized.

✔ 5. Preliminary allocation of resources

Resource allocation starts from selecting salespeople, assigning tasks to them, and giving salespeople sufficient tools and most important, enough financial resources to cover their expenses.

✔ 6. Preparing the budget

Sales budgets have to be prepared by striking a balance between the potential of the sales force and the true nature of market opportunities. It should be flexible.

✔ 7. Getting approval

In the final step, the sales department seeks approval of the budget prepared. Once the budget is prepared it may need modification owing to environmental changes.

Also Read :What is Sales Management?

► Factors Affecting Sales Budget

Sales trends & Capacity
New Launches
Seasonal Fluctuation
Advertising & Publicity
Change in Prices
Growing Competition
Changes in Govt Policy
Changes in consumer demand
Evolving situation & Technology

► Examples of Sales Budget

For Example, if a Company sold 225 units of product in quarter one and each product costs ₹2309, their budget would be ₹519525 (225 x 2309= 519525) for their first quarter.

A sales Budget is a well-defined document showing the expected sales for a future period. It is developed based on expected revenues from the sales record.

It is the first part of the master budget and forms the budget for the basis for other operational budgets like finance and production budgets.

► Advantages/Benefits of Budgeting

Improved Planning
Better Communication and Co-ordination
Control and Performance Evaluation
Psychological Benefits
Sales Maximization
Profit Maximization
Helps in Formulating Sales Quota and Sale Target
Helps in Assigning Sales Territory

Defamation Laws in India:

Arts
Management

Ankita Yadav

June 17, 2022

Defamation laws in India are considered both criminal which is a punishable offense leading to imprisonment and civil offense which is punishable leading to the award of damages. Civil defamation is punishable under the law of torts and criminal defamation is codified under the Indian Penal Code, 1860 (“IPC”).

Today in this article we will cater to Defamation Laws in India: Meaning, Types, Cases, Examples. Along with this, we will learn about the defamation law of torts and the defense of defamation.

► What is Defamation?

Defamation is considered as any intentional false communication about a person that can be either in written or spoken form, that harms and damages a person’s reputation and image decreases the respect in society, and inappropriate or disagreeable opinions, thoughts, and feelings against a person are termed as defamation.

In other words, we can also say that defamation is a wrong thing by a person to another’s image by words, written or spoken, and other possible ways.

◉ Defamation Meaning

Defamation as the meaning of the word suggests is harm and damage to the reputation or image of a person resulting from a statement( spoken or written) that is false and untruthful.

A defamatory statement made against a person is one that is false and has certain of the following effects on that particular person:

lowers their respect and quality of being ‘right-thinkers’
People generally, disparage them in their business, work, trade, and profession
exposes them to hate, disrespect and contempt
causes them to be abandoned and avoid them

◉ Definition of Defamation

Defamation laws in India are defined Under Section 499: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Defamation is also defined as a communication to some person or group of people despite the person being defamed, of the matter which tends to lower the reputation and estimation of right-thinking persons.

✔ Definition of defamation by various scholars:

“Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of the society, generally or, which tends to make them shun or avoid that person.” – Dr. Winfield

“Defamation consists in the publication of a false and defamatory statement concerning another without lawful justification”. – Salmond

“Defamation is the publication of a false and defamatory statement concerning another without just cause or excuse, whereby he suffers an injury to his reputation”. – Underhill

In simple words defamation can also be defined as:

An imputation lowers the person in the estimation of correct thinking of the people
An imputation is like harming a person’s reputation and image by exposing them to hate, contempt, and disrespect
An imputation that intends to avoid, ignore and abandon a person.

► Defamation Laws in India

Article 19 of the Constitution has given many freedoms to the citizens. But, Article 19(2) has imposed reasonable limitations on freedom of speech and expression which is granted under Article 19(1) (a).

Along with this, there are some exceptions which include Contempt of court, defamation, and incitement to an offense.

Defamation laws in India are considered both a criminal offense which is a punishable offense leading to imprisonment and a civil offense which is punishable leading to the award of damages.

Civil defamation is punishable under the law of torts and criminal defamation is codified under the Indian Penal Code, 1860 (“IPC”).

Hence a policeman may arrest only with an arrest warrant issued by a magistrate. Through defamation laws in India.

Defamation laws in India; The Indian Penal Code punishes the offense with simple imprisonment which can be of up to two years, along with a fine, or both.

► Elements of Defamation

First, there should be the presence of defamatory content.
Second, the claimant or defamed person should be identified or recognized in the defamatory statement.
Third, there must be a publication or proof of the defamatory statement in any of the forms either oral or written.

◉ Civil Defamation Laws in India:

The statements made should be false or untrue and they must be made without the permission of the defamed person. Monetary compensation can also be claimed from the person who defamed a particular person.

There are certain essential requirements for proper defamation under the defamation laws in India suit. They are as follows:

The presence of a defamatory statement is required.
Secondly, the defamatory statements given by someone must claim to a person or a class of persons.
It must be published and there should be any proof either in oral or written form.

✔ The presence of a defamatory statement is required.

Defamatory content is one that tends to harm the reputation of a person or a class of persons by disclosing them to hatred, contempt, or disrespect. The test of whether it harms the image is calculated from the eyes of a common person.

✔ Secondly, the defamatory statements given by someone must claim to a person or a class of persons.

General and basic statements like all “policemen take bribe” is too common and no specific policemen can claim any kind of compensation for the same.

✔ It must be published and there should be any proof either in oral or written form.

Unless the content, statement, or any such thing is made available to a third person, there can be no defamation possible. In case a letter is sent to a person in a language unknown to the recipient, he/she needs a third person to read the letter to him.

If any kind of defaming statement is there in it, it will be considered defamation even if the letter was private, since a third person was required to read the letter.

Once all these necessary conditions are fulfilled, and finally, a successful defamation suit subsists.

The defendant can plead defenses that:

The statement published was true,
Fair comments made with public interest based on true incidents,
Specific persons are given the privilege to make some statements even if they are defamatory,

Example judicial proceedings and members of parliament. If the defendant fails to defend his actions, the suit is considered successful.

◉ Criminal Defamation Laws in India:

In the case of criminal Defamation simple imprisonment may be awarded. Under a criminal suit, the person should necessarily have an intention to defame.

The allegation has to be made with malice purpose to defame another or at the least the expertise that the publication is probable to defame another is essential.

It must be proved beyond reasonable doubt that the act was being achieved to decrease the recognition of another.

Defamation laws in India under section 499 of the Indian Penal Code, 1860 define defamation and its exceptions:

Words or signs imputed intending to harm or with the knowledge that such imputation will cause harm. It may amount to defamation if anything is imputed against a deceased person if such imputation would harm the reputation had the person been alive.

The class of persons shall include companies or associations. It is no defamation unless the alleged defamatory statement either directly or indirectly lowers the moral or intellectual character or the respect of his caste or his calling in the estimation of others.

Exceptions

Persons who make defamatory statements are spared from punishments if they fall under the category of one of the ten exceptions provided in Section 499. They are described as follows:

Imputation of truth which public good requires to be made or published.
Public conduct of public servants.
Conduct of any person touching any public question.
Publication of reports of proceedings of courts.
Merits of a case decided in Court or conduct of witnesses and others concerned.
Merits of public performance.
Censure is passed in good faith by a person having lawful authority over another.
Accusation preferred in good faith to authorized person.
Imputation is made in good faith by a person for the protection of his or others’ interests.
Caution is intended for good of a person to whom conveyed or for the public good.

✔ Imputation of truth which public good requires to be made or published.

It is not defamation to impute anything which is true concerning any person if it is for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

✔ Public conduct of public servants.

It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

✔ Conduct of any person touching any public question.

It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

✔ Publication of reports of proceedings of courts.

It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

✔ Merits of a case decided in Court or conduct of witnesses and others concerned.

It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness, or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

✔ Merits of public performance.

It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

✔ Censure is passed in good faith by a person having lawful authority over another.

It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

✔ Accusation preferred in good faith to authorized person.

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

✔ Imputation is made in good faith by a person for the protection of his or others’ interests.

It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

✔ Caution is intended for good of a person to whom conveyed or for the public good.

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

Also Read :Essential Element of Valid Contract

► What is the Defamation Law of Torts?

According to Scrutton LJ, a defamatory statement is a false statement about a man to his discredit’.

◉ Criminal and Civil Defamation

✔ Criminal Defamation:

In the case of criminal Defamation simple imprisonment may be awarded. Under a criminal suit, the person should necessarily have an intention to defame.

The allegation has to be made with malice purpose to defame another or at the least the expertise that the publication is probable to defame another is essential.

It must be proved beyond reasonable doubt that the act was being achieved to decrease the recognition of another.

✔ Civil Defamation:

The statements made should be false or untrue and they must be made without the permission of the defamed person.

Monetary compensation can also be claimed from the person who defamed a particular person.

There are certain essential requirements for proper defamation under the defamation laws in India suit.

◉ Libel and Slander-

English Law: Due to many historical reasons, under English law defamation is divided into two types Libel and Slander.

✔ Libel:

Libel defamation involves the act of publishing a statement about an individual, either in written form in the newspaper, letters, etc or by broadcasting the statement over media platforms such as radio, television, or the Internet, that is untrue and tends to harm the reputation or image and/or livelihood of the particular targeted person. Libel is considered a civil wrong and its provisions are according to the lawsuit.

✔ Slander:

The term ‘slander’ refers to false and untrue statements made by one person against another. Slander defamation is communicated verbally or orally with the intention to defame the person of the statements.

► Essentials of Defamation Laws in India

There are mainly three essentials of Defamation.

The statement delivered must be published.
The statement given must refer to the plaintiff.
A defamatory statement must be published.

✔ 1. The statement delivered must be published: Defamation is the publication of a statement either in libel or slander form that aims to lower a person in the estimation of right-thinking people of society or which aims to make them shun, disrespect, or avoid that person.

For Example, In South Indian Railway Co. v. Ramakrishna; A ticket checker of a railway asking for identity proof to people and other documents for checking as a part of his duty is not considered defamation, as he has not published any kind of defamatory statement to any of the passengers.

✔ 2. The statement given must refer to the plaintiff: If the person to whom the particular defamatory statement was published could prove that the statement referred to the plaintiff, the defendant is considered liable.

For Example, The Delhi High Court in the case of Harsh Mendiratta and Maharaj Singh said that” an action for defamation was maintainable only by the person who was defamed and not by his friends or relatives”.

✔ 3. A defamatory statement must be published: Publication basically refers to making the defamatory statement known to some person other than the defamed person and unless this is done, no civil action for defamation is there.

For Example, In the case of Mahender Ram and Harnandan Prasad-A letter was written in Urdu which was sent to the plaintiff. The plaintiff was not able to read it so he required another person to read the letter to him.

It was observed that since the defendant knew that the plaintiff does not know the Urdu language and he would most probably need the assistance of someone, the act of the defendant amounted to defamation.

► Defenses Available

There are three types of defenses available in defamation namely –

◉ 1. Justification or truth

if the given statement is truthful, it will not be considered defamatory, no matter how damaging the statement is, the honest opinion should be there in the statement.

It must;

(i) be an expression of opinion,
(ii) it must indicate the right opinion, and
(iii) the opinion must be one such opinion that is given by a truthful person in possession of the accurate facts and figures at the time.

In the case of criminal law, only proving that the given statement was right is no defense but in the case of civil law only showing the truth is a good defense.

◉ 2. Fair Comment

The comment or statement given must be an expression of opinion it should not be an assertion of fact.
The comment or statement given must be fair i.e. without any kind of malice.
The matter upon which the comment is given must be of public interest.

◉ 3. Privilege

There are certain moments when the law recognized that the right to freedom of speech outweighs the person’s right to reputation, the law treats those certain moments as ‘Privileged’. These are further two types –

✔ Absolute privilege- It basically gets applied to Parliamentary Privilege, certain Judicial proceedings, and various State communication.

✔ Qualified privilege- It is compulsory that the statement must be given have been without any kind of malice. In this, the defendant has to prove that statement made by him/her was made on a certain privileged occasion fairly.

► Types of Defamation in India

There are two types of defamation:

Slander (communicated verbally)
Libel (communicated by written form)

Let us now discuss these types of defamation in brief:

◉ Slander Defamation Laws in India

The term ‘slander’ refers to false and untrue statements made by one person against another. Slander defamation is communicated verbally or orally with the intention to defame the person of the statements.
Slander is a term used legally to describe defamation or the act of harming a person or its belonging’s reputation by telling one or a group of people something that is false and disrespectful about them.
Defamation takes place when someone’s words cause harm to another person’s reputation, feelings, or business. It should be taken care that a statement must be represented as fact, not a particular opinion, in order to be slander. The statement made must be in the third person.
For example, When you dictate say defamatory comments to your clerk, peon, or housekeeper who in turn will type it on letterhead for the communication that is going to take place for the third person through that particular speech. Thus, in the above case, the mode of transmission of information is transient.

✔ Some key takeaways of slander defamation

Slander is the term used legally to describe untrue statements made by one person against another.
It is a type of defamation that is communicated orally to a third person, which is not permanent.
The subject of slanderous statements can pursue legal action with the help of defamation laws in India against the slander.
Slander is totally different from libel, where untrue statements are made in print or broadcast.

◉ Libel Defamation Laws in India

Libel defamation involves the act of publishing a statement about an individual, either in written form in the newspaper, letters, etc or by broadcasting the statement over media platforms such as radio, television, or the Internet, that is untrue and tends to harm the reputation or image and/or livelihood of the particular targeted person. Libel is considered a civil wrong and its provisions are according to the lawsuit.
Libel basically represents the published or broadcasted statement of defamation. Defamation usually occurs when an individual’s words damage another person’s reputation or ruin their ability to earn a living.
Persons who commit libel can be subjected to civil in court, and, in the past, criminal penalties.

✔ Some key takeaways of libel defamation

Libel is a category or type of defamation that includes defamatory statements which tend to defame someone and are published or broadcasted.
Libel is a tort that falls under common law for which a defamed party can sue for damages to the one who defamed them.
Pure opinions and feelings, true statements, statements in the favour of public interest, and some criticism of public figures like actors, politicians, etc, may be protected against claims of libel.

► Defense of Defamation Laws in India

The main defenses to a defamation claim are:

◉ Truth and Justification

If the given statement is truthful, it will not be considered defamatory, no matter how damaging the statement is, an honest opinion should be there in the statement; it must

(i) be an expression of opinion.
(ii) it must indicate the basis of the right opinion, and
(iii) the opinion must be one such opinion that could have been held by a truthful person in possession of the accurate facts and figures at the time.

◉ Public Interest

If that particular statement was published or said because this was believed at that point of time to be in the public interest and beneficial for them in some terms

◉ Privilege

In certain situations in which an otherwise defamatory statement is given, will prevent claims from being brought for eg- during a parliamentary debate or at the time of judicial proceedings consent.

if an individual consented to the publication of the defamatory statements or accepted an apology, then they would not be allowed to bring the case in an action

► Examples of Defamation Cases in India

In the Indian courts, a variety of defamation cases were filed. Defamation laws in India were broken in these cases. Some of these prominent cases having interesting facts and figures are discussed below:

◉ The case of Manjulatha and D. P. Choudhary

A publication was published in a local newspaper named ‘Dainik Navjyothi’. The publication stated that the 17-year-old college girl went out of the house by saying she was having lectures but she ran away with a boy.

This false news item had unfavorable effects on her and which lead to ruining her marriage prospects. This case of civil defamation was actionable and later she was awarded damages of Rs.10000/- by way of general damages.

◉ The case of Harnansan and Mahendra Ram

A letter was written in Urdu which was sent to the plaintiff. The plaintiff was not able to read it so he required another person to read the letter to him.

It was observed that since the defendant knew that the plaintiff does not know the Urdu language and he would most probably need the assistance of someone, the act of the defendant amounted to defamation.

◉ The case of Arun Jaitley and Arvind Kejriwal

The court announced that statements made by Arvind Kejriwal and his five other leaders were defamatory. But later the matter was solved when all the defendants made an apology for their actions.

Essay on Pollution

Arts

Gaurav Mamgain

June 9, 2022

Pollution is known as any undesirable change in physical, chemical, or biological characteristics of air, water, and any part of the environment. Here in this article, we have explained the topic of pollution in detail so you can use it in your essay on pollution.

► Essay on Pollution (1000 words)

Topics Covered in this article are as follows;

What is pollution?
Pollution Meaning
Pollution Definition by Various Authors
Types of Pollution
Causes of Air Pollution
Effects of Air Pollution
Ways to reduce pollution
Essay on Pollution in 500 words
Essay on Pollution in 250, 300, and 400 words

► What is Pollution?

Pollution has become a major concern today. Man has interfered too much with nature. As a result, the environment including air, water, soil, etc… has been polluted.

If the environment is polluted, all sorts of life- human, animal, and vegetation are affected directly or indirectly. It is the introduction of harmful substances or pollutants into the environment.

◉ Pollution Meaning

Pollution is the term derived from the Latin word “Pollutus”, which means foul and dirty.
Pollution simply means dirt, impurity, or damage to the element of environment.
Meaning of Polluting is making something impure.
Pollution is damaging the earth’s environment in many ways i.e. air and water pollution.

◉ Definition of Pollution

Pollution can be defined as the introduction of contaminants into an environment that causes instability, disorder, harm, or discomfort to the ecosystem i.e. physical systems or living organisms.

Pollution can take the form of chemical substances or energy, such as noise, heat, or light.

Pollution has been defined as the “adverse effect on the natural environment. including human, animal or plant life or a harmful substance that does not occur naturally, such as industrial and radioactive waste, or the concentration to harmful levels of naturally occurring substance such as Nitrate.” – Robinson M (1996, Ecological Principles and Environmental issues)

Environmental pollutant means any solid, liquid, or gaseous substances present in such concentration as may be or tend to be injurious to the environment. – Sec 2(b), Environment Protection Act 1986

Pollution is the addition of various materials as a result of human activities to the environment and usually exerts a harmful influence on the environment. – RTM Sutanmihardja

An environment is called polluted if it has several elements, including; (1) if a substance, organism, or other elements such as gas, light, or energy has been mixed into a particular resource or environment. (2) and therefore inhibit or interfere with the function or designation of these resources or the environment. – Otto Soemarwoto

Also Read :What is Sustainable Development?

► Types of Pollution

There are mainly 4 kinds of pollution that are as listed below;

Air Pollution
Water Pollution
Soil Pollution
Water Pollution

◉ 1. Air Pollution (Essay on Pollution)

Air Pollution is brought about by the smoke of industries, manufacturing plants, engine vehicles, smoking, and consuming waste. Air pollution influences our well-being, it causes hacking, asthma, and other lung illnesses.

Air pollution refers to any physical, chemical, or biological change in the air. Pollution is the contamination of air by harmful gases, dust, and smoke that affects plants, animals, and humans drastically. There is a sure level of gases present in the environment. An expansion or reduction in the arrangement of these gases is unsafe for endurance.

✔ Causes of Air Pollution

Burning of fossils fuels
Automobile
Agriculture Activities
Factories
Industries
Mining

✔ Effects of Air Pollution

Global warming
Respiratory disorders
Acid rain
Ozone layer depletion.

◉ 2. Water Pollution

It is said to occur when toxic pollutants and particulate matter are introduced into water bodies such as lakes, rivers, and seas. Their contaminants are generally introduced by human activities like improper sewage treatment and oil skills.

Water Pollution is the tainting of water bodies (like seas, oceans, lakes, waterways, springs, and groundwater) typically caused because of human exercise.

Water pollution is any change, minor or major in the physical, substance, or natural properties of water that ultimately prompts an unfavorable outcome for any living creature.

Drinking water also known as Potable Water, is viewed as protected enough for human and creature utilization.

✔ Sources / Causes of Water Pollution

Homegrown Wast
Modern effluents
Bug sprays and pesticides
Cleansers and Fertilizers

A portion of the water pollution is brought about by direct Sources, like plants, which squander the executive’s offices, treatment facilities, and so on, that straightforwardly deliver squander and risky results into the closest water source without treating them.

Circuitous sources incorporate contaminations that implant in the water bodies using groundwater or soil or using the climate through acidic rain.

◉ 3. Soil Pollution (Essay on Pollution)

It portrays the tainting of soil because of the presence of harmful substances like unreasonable utilization of manures and pesticides, deforestation, modern waste, and so on…Soil pollution is an element that is utilized for the decay of soil because of surface, mineral, or quality substance of soil is decreased.

Additionally, this upsets the natural equilibrium of the living beings dependent on the dirt. Also, there are antagonistic impacts of soil contamination on the development of plants.

Normally, soil contamination is caused because of the presence of man-made applications like the permeation of tainted surface water, pesticides, fuel unloading, oil unloading, and so on.

◉ 4. Noise Pollution (Essay on Pollution)

It is dangerous to life. It is said that 85 decibels cause deafness and other diseases. The common reason behind noise pollution is the sound that comes from industry, planes, and other sources that reach beyond the permissible limits.

Noise pollution is a type of pollution that has become destructive these days.

This pollution is expanding just and establishes a hazardous climate. Commotion contamination is the point at which the degree of noise increments more than the typical level.

Whenever how much clamor surpasses, it becomes risky for living creatures. Additionally, these undesirable sounds goal a few unsettling influences and establish an unevenness in the climate.

► How to Reduce Pollution?

It is a global problem. It is an aggregate issue and accordingly, it needs an aggregate way to deal with ending it.

We should focus on going green, planting more trees, and eliminating waste in nature. We need to save agriculture.

We should quit utilizing unnecessary synthetic compounds and so on in horticulture to save our water from being contaminated. The world ought not just to glance at the business.

Alongside it, we want to find some kind of harmony between modern advancement and the introduction of nature. The role of government, mass media, and civil society are necessary.

◉ Conclusion

Pollution is one of the dangerous issues that we all are facing. It would impact the entire world. There is no denying the fact. Instead, the world community should unite to save each other from the threats of pollution.

Also Read : Essay on “Impact of Social Media”

► Essay on Pollution in 500 words

Pollution: A Global Menace

Pollution is one of the most pressing issues affecting our planet today. It refers to the contamination of the natural environment by various harmful substances, resulting in adverse effects on human health, wildlife, and the ecosystem as a whole. The sources of pollution are numerous and diverse, ranging from industrial activities and transportation to improper waste disposal and deforestation. Pollution knows no borders and affects all living organisms, making it a global menace that requires immediate attention and action.

One of the most prominent types of pollution is air pollution. The burning of fossil fuels in industries, vehicles, and power plants releases harmful gases like carbon dioxide, sulfur dioxide, and nitrogen oxides, contributing to the greenhouse effect and climate change. Additionally, particulate matter and toxic pollutants in the air pose severe health risks, leading to respiratory illnesses and cardiovascular diseases.

Water pollution is equally concerning. Industrial waste, agricultural runoff, and untreated sewage find their way into rivers, lakes, and oceans, contaminating the water supply. This not only endangers aquatic life but also impacts human communities that depend on these water sources for drinking, irrigation, and recreation. The growth of massive oceanic garbage patches highlights the detrimental impact of plastic waste on marine ecosystems.

Furthermore, soil pollution is an often overlooked yet critical aspect of environmental degradation. The excessive use of chemical fertilizers and pesticides in agriculture leads to soil degradation and the loss of fertile land. This, in turn, affects crop yields and the quality of food produced.

Noise pollution, caused mainly by urbanization and industrialization, has detrimental effects on human health and wildlife. Prolonged exposure to loud noise can result in hearing loss, stress, and sleep disturbances, while disrupting the natural communication and behavior of animals.

The consequences of pollution are far-reaching. It affects not only the environment but also the economy and society. Healthcare costs rise due to pollution-related illnesses, and industries suffer from regulations and clean-up efforts. Biodiversity loss and ecosystem degradation jeopardize the delicate balance of nature, posing significant challenges to food security and sustainable development.

Addressing pollution requires collective efforts at both individual and governmental levels. Implementing and enforcing stricter environmental regulations for industries, promoting clean and renewable energy sources, and investing in sustainable transportation are crucial steps to curb pollution. Recycling and waste management practices should be encouraged, and public awareness campaigns can help educate people about their roles in preserving the environment.

In conclusion, pollution is a grave threat that demands urgent action. To protect our planet and ensure a sustainable future, we must all come together and adopt environmentally responsible practices. By recognizing the impact of pollution and taking proactive steps, we can create a cleaner, healthier, and more vibrant world for generations to come.

► Essay on Pollution in 250, 300, and 400 words

Pollution: A Global Concern

Pollution is a grave global concern, with detrimental effects on our planet. Air pollution, primarily caused by industrial emissions and vehicle exhaust, poses severe health risks and contributes to climate change. The release of toxic gases and particulate matter into the atmosphere leads to respiratory problems and premature death. Moreover, these pollutants trap heat, leading to global warming and disrupting weather patterns.

Water pollution is another significant issue. Industrial waste, agricultural runoff, and improper disposal of chemicals contaminate water sources. This not only endangers aquatic life but also affects human health. Consuming polluted water can result in waterborne diseases and long-term health complications. Additionally, water pollution disrupts ecosystems and depletes biodiversity, leading to further imbalances in the natural environment.

Soil pollution is a growing concern due to excessive pesticide use, improper disposal of hazardous waste, and industrial activities. These practices contaminate the soil, adversely affecting crop productivity and food safety. Moreover, soil pollution disrupts the delicate balance of ecosystems, impacting the survival of various organisms and contributing to the loss of biodiversity.

Noise pollution, primarily caused by urbanization and industrialization, poses significant risks to human well-being. Constant exposure to high levels of noise can lead to stress, hearing problems, and reduced concentration. Wildlife also suffers from noise pollution as it disrupts their communication and alters their behavior patterns.

To tackle pollution, strict regulations must be implemented to control emissions and waste disposal. Embracing sustainable practices, such as using clean energy sources, practicing responsible waste management, and promoting eco-friendly transportation, can help reduce pollution levels. Furthermore, raising awareness about the consequences of pollution through education and public campaigns is crucial to inspire collective action and drive positive change.

In conclusion, pollution is a global crisis that adversely affects the environment, human health, and biodiversity. Air, water, soil, and noise pollution pose significant challenges that require immediate attention and proactive measures. By adopting sustainable practices and fostering a sense of responsibility towards the environment, we can work towards a cleaner and healthier planet for present and future generations.

What is Project Scheduling: Definition, Importance, Types, Example

Management

Gaurav Mamgain

June 9, 2022

What is Project Scheduling: Definition, Importance, Types, Example

Project Scheduling is a process of defining project activities, determining their sequence, and estimating their duration. Activities in Project Schedule are part of project time management.

Here in this article, we have shared a detailed article on what is project scheduling? its meaning, definition, and types with examples.

► What is Project Scheduling?

Project Scheduling is a very responsible activity for a project manager. And sometimes it is very difficult to schedule long-term projects.

In project scheduling, the Project manager separates the total work involved in a project into separate activities and judges the time required to complete these activities.

◉ Project Scheduling Meaning

Project scheduling simply means a mechanism that is used to communicate and know about the tasks that are needed and has to be done or performed in the project.

What organizational resources will be given or allocated to these tasks and in what time duration or time framework is needed to be performed.

Effective project scheduling helps to get success of the project, reduced cost, and increased customer satisfaction.
Project Scheduling meaning is to list out activities, deliverables, and milestones within a project that are delivered.
The most popular form of the project schedule is the Gantt chart method.

◉ Definition of Project Scheduling

Scheduling has been defined as the systematic process of setting various planned activities in order to fix the starting and finishing date for each activity of the work to execute (implement) the whole work in a systematic and orderly or sequence manner.

The project schedule can be defined as a roadmap to communicate the planned dates and resources for the work or tasks that need to be performed in graphical form (usually Gantt Chart).
The project schedule should contain 100% work associated with delivering the project work and scope.
Without the proper project schedule, the project manager can’t manage, monitor, or control the progress of the project.

► Project Schedule vs Project Plan

Here we will discuss the difference between Project Scheduling and Project Plan.

◉ What is Project Schedule?

Project Schedule is a program that shows planned dates for performing tasks and activities and the planned dates for meeting milestones and deadlines.

◉ What is Project Plan?

A project plan refers to a formal, approved document that is used to guide both project execution and control. Some organizations make Work Plans instead of project plans.

Must Read :Project Life Cycle

◉ Difference between Project Schedule and Project Plan

Key differences between project schedule and project plans are listed below;

PROJECT SCHEDULE

PROJECT PLAN

The project schedule focuses on the details of how tasks will get done.
The project schedule consists of specific tasks and due dates for each. It’s a timeline for the complete project for when the tasks will be started and finished.
A project schedule is more an estimation based on historical data, previous project experience, etc.
The schedule is flexible to some extent and changes throughout the project.

The project plan plays a guiding role for both project execution and controlling of the project’s activities.
The project plan is the larger, grand scheme blueprint on how the project will run according to the project schedule.
The plan remains the same and all activities are performed as per the given time period and allocated resources.
The project plan defines the project goal, scope, resources needed, costs, etc.

► Importance of Project Scheduling

Scheduling Managers often say delivering projects on time is one of their biggest challenges. This is the reason Project schedule is very important for them.
Time has the least amount of flexibility in nature; it passes no matter what happens.
Schedule issues are the main cause of project conflicts, especially during the second half of projects.

► Process of Project Scheduling

Identifies Activities
Identify Possible Dependencies
Estimates Resources
Assign People to conduct Activities
Create Activity Network and Bar Charts

◉ How do Project Managers Schedule a Project?

First of all, the Manager needs to estimate the time and resources of the project to schedule the project activities.
Each activity in the project must be arranged in an orderly sequence which means activities should be arranged in a well-organized method for easy understanding.
Cost estimates of the project on the initial level can be made optimistically. It means estimates can be made based on favorable things and no threats or problems take place.
The total work must be divided into various small activities or tasks during the project schedule. (also known as Work Breakdown Structure)
Once WBS has been framed the Project manager has a lot of time duration required for each activity or task to get completed.
Even some activities are conducted and performed parallelly for better performance.
A project manager should be aware of fact that each task of the project is not risk-free.

► Advantages of Project Scheduling

Schedule facilitates monitoring and controlling of project activities.
It helps in determining the best way to allocate resources.
It helps in the assessment of time delays and their impact on the project.
Finding available excess resources to allocate to other projects.
To track project progress in real-time.
Helps in achieving the project goal on time.

There is a variety of tools that Managers use to develop a project schedule.

For small Projects, Some tools are for a relatively simple process of action planning.
For large projects, Gantt Charts and Network Analysis are widely popular.

► Schedule Inputs

Personal and project calendars
Description of project scope
Project risks
Lists of activities and resource requirements

Personal and project calendars – The schedule Manager adds working days, shifts, and resource availability. These elements are critical in completing a project schedule.
Description of project scope – Now Manager determines the key start and end dates, major assumptions behind the plan, and key constraints and restrictions. He can also include stakeholder expectations, which will often help in creating project milestones.
Project risks – During Scheduling a project, the manager makes sure there’s enough extra time to deal with identified risks and unidentified risks (risks are identified with a thorough Risk Analysis).
Lists of activities and resource requirements – The manager must determine if there are other constraints to consider when developing the schedule.

Analysis of the resource capabilities and experience of human resources, as well as holidays of company and staff vacations, may affect the schedule.

A project manager also should be aware of deadlines and issues related to the availability of resources. All these factors may make the schedule less flexible.

► Scheduling Tools

Schedule Network Analysis
Critical Path Analysis
Schedule Compression (Crashing, Fast Tracking)

◉ Schedule Network Analysis

It is a graphical representation of the project’s activities and the time it takes to complete them.
It arranges them in the sequence in which they must be done.
To conduct these analyses, Project management software such as Gantt charts and PERT Charts are commonly used.

◉ Critical Path Analysis

Critical Path Analysis is the process of looking at all of the activities that must be completed, and calculating the best way (critical path) to take so that project can be completed in the minimum amount of time.
The method calculates the early and late possible start and finishes times for each project activity. It also estimates the dependencies among them to create a schedule of critical activities and their dates.

◉ Schedule Compression

Schedule Compression tool helps shorten the total duration time of a project by decreasing the time allotted for certain activities.
By doing this manager can meet time constraints, and still keep the original scope of the project.

Generally, they can use two methods here:

Crashing
Fast-Tracking

✔ 1. Crashing

Crashing refers to that method where project managers assign more resources to an activity. It decreases the time it takes to complete it. It is based on the assumption that the saved time will offset the added resource costs.

✔ 2. Fast-Tracking

Fast Tracking involves re-arranging activities to allow more work parallelly. It means that things that are normally done one after another are now done at the same time.

However, always remember that this approach increases the risk that you’ll miss things, or fail to address changes.

► Multi Project Resources Scheduling

Managing multi projects is also known as the resource-constrained multiple-project scheduling problem (RCMPSP).
RCMPSP can be managed by following exact procedures, or simple priority rules.
The advantage of using these priority rules for managing resources is that they are straightforward, which makes them easy to execute.
It is one of the most commonly used techniques in experimental literature to simulate the ideal scheduling of scarce resources for multiple projects.
To implement simple priority rules, a structure of a scheduling scheme must be present.

1...232425...38 Page 24 of 38