Travel Agent Law

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Law of Agency

1. Principles of Agency

"No word is more commonly and consistently abused in the English language than agency" . Although agency is an every day word whose meaning covers activities ranging from distribution outlets to service centres, it proves its real importance in the business and law context. In this context agency is defined as a fiduciary relationship between two parties which "results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent to by the so to act" .

Agency law cannot function with out three parties being involved. These three parties include the principal, an agent and a third party. The function of an agent is to act on behalf of the principal when making contacts, receiving statements and making representations and to pay and receive money for the principal.

Travel Agents are obviously acting as an agent when selling or booking accommodation, travel etc for clients. The typical relationship between a customer and the Travel Agent consists of the customer being the principal and the supplier of the services, weather it be accommodation or a means of travel, as the third party. However Travel Agents can act on behalf of the provider, making the customer the third party. In either arrangement the Agent is still responsible to their principal under the common laws which govern agency.

. Duties of Agents

Weather the Agent's principal is their customer or the supplier, the Agent must maintain the same duties to either person. Agency relationships are considered as fiduciary relationships. As a fiduciary the agent is also governed by the terms expressly set out in the agency agreement. A failure to follow the duties set out in the agreement and those established by common law may result in the agency being terminated or the agent being sued for breach of contract. The six key duties of an agent require the agent to

a. Follow the principal's instructions.

An agent's failure to correctly follow their principal's instructions is demonstrated in Bertram, Armstrong & Co. v Godfray . The agent, a broker, failed to sell their principal's stock at the instructed price. The agent was forced to sell the stock at a reduced price when the market had dropped. The Principal subsequently sued the agent to recover the difference.

b. To use all reasonable diligence, care and skill.

The duty of diligence and care is set by the standard that any reasonable person would expect an agent to exercise in the circumstances. It may also be affected by law of negligence and fitness for purpose when the agent is supplying goods and services as implied by the Trade Practices Act 174 (Cth) . The agent however will not be liable if they are sure of the correctness of their information.

c. To act in person and not delegate work.

This duty follows on from the requirement to act with diligence and care. It is designed to uphold the personal qualities of the agent which may well have been a factor in the principal's decision to choose the particular agent. The agent is not able to delegate any part of the work instructed by the principal to a sub agent as in John Mc Cann & Co v Pow . However there are exemptions to this duty. If there is an expressed or implied authority to delegate any part of the work or if clerical duties are delegated to a secretary or junior partner the agent may not be held liable for delegating the work, however the agent is still responsible for that work that has been done and may still be held liable for any faults in that work.

d. To act in the principal's best interests.

Whilst acting as instructed by their principal, agents must also act in the best interests of the principal. If the agent is to undermine their principal's trust the principal may take action at either the common law level or under the Trade Practices Act 174 (Cth) for misleading or deceptive conduct. This duty also prevents agents from having a conflict of duty or making a secret profit. Particularly for Travel Agents acting as an agent for the supplier, they need to take care not to also act as an agent for their customer; doing so will cause the Agent to be liable to both the supplyer and customer for breaching the conditions of their agency. If it is found that the agent has been making a secret commissions or profits then the principle is able to sue the agent to recover the commission/ profit.

e. Retain confidential information.

A clear example of the effect of a breach in confidentiality is demonstrated in Consul Development Pty Ltd v DPC Estates Pty Ltd , where employees used inside information to obtain personal benefits when investing in properties. This also showed that a third party is accountable for any benefit it may take when it knows that there has been a breach of confidentiality, also shown in Dickson Hotel case .

f. To keep the principal's moneys separate.

The final duty required of agents is that to keep their principal's money separate from their own. The agent must also be able to demonstrate that the funds are kept separate from their personal funds by keeping accurate records. In the case of solicitors, accountants and travel agents this requirement is backed up by legislation to protect their clients' funds.

. Liabilities of Agents

As the agent only acts on behalf of its principal when securing a contract with the third party, the agent avoids liability in the course of that contract. After the contract is formed, the agent has fulfilled its role and the agency is terminated, the only parties with legal rights after this point are the principal and third party. However if the contract is not a true contract then the agent is liable for several circumstances.

Firstly the agent must not contract personally. If the agent has failed to clearly identify them selves as an agent they may be held liable for the contract. In Cooper v Fisken a tenant was authorised by the land lord to have works conducted on the property, subsequently making the tenant an agent for the land lord. Although it was found that the tenant was liable for the cost of the work as it was not clear in the situation that they were acting as an agent. However the agent may claim that they are acting for an undisclosed principal. This does position the agent in a precarious situation. If it appears to the third party that the agent is not acting for a principal then the agent may be held liable for the contract. The principal may come forward and establish that the agent was acting on their behalf and ratify the contract. There are also situations where the agents may chose to act personally, this may be required or permitted by some trades, such as stock brokers . Even though there are provisions to allow for agents to act personally they do not provide an exemption from liability.

If the agent is to breach any of its duties to either principal or third party or act in any way as above, either party may take action against the agent. Most breaches of the duties result in a termination of the agency or the agent being sued to recover lost funds or secret commission. The most beneficial to the principal is to sue the agent to recover any moneys lost by the agent acting outside of their duties and to recover any secret commissions that they may have been making.

Statute Law

4. Relevant Legislation

In addition to the principals of agency law there are also statutory provisions which cover professional agents. The core idea behind this regulatory legislation is to control the industries and provide some form of consumer protection. In the case of Travel Agents, they are governed by the Travel Agents Act 186 (Vic) [the act], or similar legislation for other states. This legislation establishes licence requirements for Travel Agents and provides protection for consumers and provisions for disciplinary action. Travel Agents also fall under the jurisdiction of the Trade Practices Act 174 (Cth), which provides further consumer protection. However it is not as specific as the Travel Agents Act.

5. Licensing Requirements

Under the Travel Agents Act there are several requirements set out, that potential agents must fulfil before obtaining a licence to operate as a Travel Agent. These requirements are set out in Division II of the act along with other requirements and conditions relating to Travel Agent licences. These requirements are designed to provide regulation to the industry and protect the travelling public. When logging an application for a license the applicant must follow the procedures and guidelines set out in Division II. The licensee must be of a fit and propers person, have adequate assets and capital, manger is required to have appropriate experience, a suitable premises must be available and the licensee must be a member or the Travel Compensation Fund.

6. Travel Compensation Fund (TCF)

The major requirement of potential agents is that they be members of the TCF. The fund was established to provide compensation to persons who have suffered a loss due to the actions or miss-actions of their agents. The fund is made up of fees and levies paid by applicants, members and from government grants. If an applicant is not a member of the TCF then a license will not be granted, however if the applicant does not hold a license then they are not eligible to be member of the TCF. The fund also has several conditions that must be met before applicants are granted member ship.

An application fee must be payed for each office of the agency which is intended to be opened. The applicant must also provided financial statements of their indented first 1 months of business and a statement of their personal finances and assets. These statements must be certified by an auditor and must comply with financial reporting legislation.

The Applicant must also provide supporting documents with their application. These documents must include audited financial statements, certificate of personal assets, balance sheets, projected costs and figures, income tax returns and auditor's reports to confirm balance sheets and financial statements. A letter from an existing agency maybe included stating the applicant's financial status. Similar documents must be provided annually for renewal of membership.

Once membership is granted to the applicant six conditions must be met to maintain membership, along with successfully renewing the membership. The Agent must maintain a separate trust account for their customer's funds, increase the business' capital, reduce debt, obtain a financial grantee on the company, maintain accurate accounting records, obtain auditors reports and grant a floating charge. Failure to meet these conditions of the membership may result in the TCF reviewing the agency and terminating their membership.

7. Statutory Liabilities

The Travel Agents Act 186 (Vic) provides several means of consumer protection against Agents and also establishes the Agent's duties. Divisions and 6 of part 1 and part 4 of the act set out the provisions for action to be taken against agents. Provisions are also set out by the TCF for seeking action against Agents to receive compensation.

Sections 0 and 1 of the act establish the main means and procedures for disciplinary action. Under subsection 1 the legal action is able to be taken against an agent who

• Has improperly obtained their license.

• The licensee has been found guilty of an offence involving fraud.

• The licensee has failed to comply with the act.

• The licensee does not have or is not likely to have sufficient funds to be able to carry out their business as an Agent.

If an Agent has been suspected of any of the above then an application may be lodged with the tribunal to have investigations conducted and possibly to have the license suspended. If found guilty by the tribunal an Agent may face several disciplinary measures including a reprimand of the license, a penalty up to $5000, cancellation of a license, limitation of a license or disqualification of the license.

Advised Action

Considering both agency and statute law, there are several courses of action that may be taken against an Agent who has failed to meet the requirements of their license or provide a satisfactory service to their customer or principal. However either course of action may not be suitable or possible.

As Travel Agents are agents they are liable to their principals for any breaches of their duties as agents. Typically breaches of agency law result in parties seeking financial remedies for any loss that they may have suffered due to the agent's actions or miss-actions. This action may suit clients who have been forced to buy extra tickets or accommodation due to an Agent's failure to make correct bookings. Although it is risky taking this form or action as the Agent may not have sufficient financial resources to pay any damages awarded by a court. A threat of civil action may also act as a slack deterrent to Agents. The agency responsible may have enough funds to adequately pay and damages how ever the action may not have a strong enough impact to deter the agency from making the same "mistakes".

A more effective way of seeking action against an Agent would be to do so under statute law and the Travel Agents Act 186 (Vic). An action taken under this legislation would be more effective as the penalties for offending Agents carry more weight than simply being ordered to compensate an aggrieved customer. The threat of possibly losing a license would be more effective in disciplining an agent. It would also be more beneficial to the customer to take action this way they are able to make a claim under the TCF. Although because of the high volume of claims being made to the TCF, they cannot entirely compensate applicants, it is still a preferable option to seeking legal action in a court of law.

8. Books

• American Law Institute, Restatement of the Law, Agency (d), 1-001, cited in, eg, Fisher, S, Agency Law, Sydney, Butterworths, 000

• Stephan Graw, An Introduction to the Law of Contract (4th ed, Sydney, LBC 00)

• Paul Latimer, Australian Business Law (nd ed, CCH, 00)

• Trevor C Atherton & Trudi A Atherton, Travel, Tourism and Hospitality Law, (18, LBC)

. Legislation

• Travel Agents Act 186 (Vic)

• Trade Practices Act 174 (Cth)

10. Cases

• John Mc Cann & Co v Pow {175} 1 All ER

• Kennedy v De Trafford {187} AC 180 at p 188, cited in Scott v Davis (000) Aust Torts Reports 81 57; [000] HCA 5, (000) 74 ALJR 1410 at {7}

• Bertram, Armstrong & Co. v Godfray (180) 1 Knapp 81; 1 ER 64

• Consul Development Pty Ltd v DPC Estates Pty Ltd (175) 1 CLR 7

• Ravinder Robini Pty Ltd v Krizaic (11) 105 ALR 5

• Cooper v Fisken (11) 18 ALR 155; ALT 1

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Of mice and men

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The two main characters in Of Mice and Men are George and Lennie. They are two itinerant farm workers with a dream they long to fulfil. Although their friendship is so strong they are both physically and mentally different, each one depending on the other in order to survive. Showing both leadership and trust. The novel is based on the relationship that they share. This essay explains the relationship that we first figure out in Chapter One.

We learn a lot about George from the way Steinbeck describes him. The first time we hear of him in this chapter he is described as 'small and quick'. He is reminiscent of a 'quick', 'witty' animal by his 'restless' ways. Another thing that is clearly shown throughout the chapter is George's leadership to Lennie, we first find this out when Steinbeck shows their way of walking and describes it to be 'single file with one man staying behind the other' and it was George who lead the walk. Then later on in the chapter Lennie is seen to be imitating George, this is the way Steinbeck shows the reader that George is respected and looked up to by Lennie. We also see that he has a bad temper when Lennie does something wrong and sometimes threatens Lennie with violence, like the time when Lennie has a mouse and George doesn't want him to have it he says "…or do I have to sock you?" But no matter what, when they argue George all ways apologises.

Essay help on of mice and men

We also find out about his character from his conversations with Lennie. Although we start off knowing nothing about either character we can tell a lot about them from the first conversation they have. It's when they stop for a drink of water and Lennie is drinking lots of it, so George says; Lennie, for God's sake don't drink so much" then Lennie does as he's told. That is the first time we see their relationship to be like a 'student/teacher' one. So obviously George has a lot of power over Lennie but Lennie respects him for that. But we also find out that he needs Lennie too. At the end of the chapter they have an argument where George threatens to leave Lennie and tells him that "if I were alone I could live so easy," then when he sees how cruel he was he they make up.

Steinbeck introduces us to Lennie by describing his physical appearance. The first time we hear of Lennie he's explained to be George's 'opposite'-'huge' with 'bear-like paws'. This already has made it more interesting by them being not only best friends, but also, so physically different. He could also be described as simple minded or slow, like when Lennie is looking for his work card and thinks he has lost it he says; "I ain't got mine. I must have lost it" then looks at the ground in 'despair' so obviously he is aware that he isn't so bright.

We also learn a lot about his thoughts from his behaviour. Compared to George Lennie is not only different in his appearance but in his thoughts as well. He is very childish and needs George to do everything for him. We find out that Lennie got them sacked from the old ranch and it was George who helped him run away. But we can tell that he doesn't want to be such a burden to George and he really does try to be less forgetful, but it doesn't always come across that way. Although he does do something very clever in this chapter, when George starts shouting at him about how burdened he feels, Lennie knows that he is soft deep down and uses reverse psychology to make George apologise. He does this by saying; "If you don't want me, you only got to say so and I'll go" then George gives in because he knows that if George did leave neither of them would survive.

It is important to consider the relationship between them. The relationship they share is very much like a 'student/teacher' relationship with George in charge. But it's not only Lennie that has to rely on George, but George needs Lennie just as much. Their relationship is very strong and they must stick together for survival. But not only are they best friends but they are also travelling companions and if they didn't have each other neither one would be happy.

Overall, although Chapter One is only a few pages long we learn a lot about George and Lennie and their relationship. George is a clever man who has a dream to have his own ranch and believes deep in his heart that it can happen, he helps and is a best friend to Lennie, a hard working man who is dependent on George to tell him right from wrong. Although George could live much easier without the burden of Lennie he knows that if he was alone chances are that he'd have nobody. Ultimately they stay together because if they were apart Lennie would end up jobless and homeless and George probably wouldn't be able to keep a job as he's nowhere near as good of a worker as Lennie. But the main reason they stay together is because they know that together they can survive.

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Summer reading

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5. Describe your favorite character and tell why you made that choice

Out of all the characters in this novel my favorite character would have to be Phineas(AKA Finny). I made this choice because Finny is so outgoing, has so much talent, and can always talk his way out of anything. He seems like he would be such an adventurous friend and loads of fun to hang out with. He's always got some kind of plan or idea to do something that he knows he shouldn't be doing but the fact that he isn't supposed to be doing it never stops him. It doesn't bother him though; he just doesn't seem to care. If he were to get into trouble he could always find a way out of it.

The best thing I like about Finny is even after all the mischief and craziness he gets himself and his friends into, he is good at heart. He thinks the world of his best friend and would do anything for him. Even though it seemed like he was trying to keep Gene away from his studies so that Gene wouldn't be better that him in any area it wasn't that way at all. I think Finny is a great friend and if he would have known about Gene thinking all of that earlier he would have never have wanted him to always go out with him and get into mischief.

6. Describe the character that you like the least. What do you dislike about the character?

My least favorite character of the book would have to be Brinker Hadley. He seems like such a jock to me. Brinker is a quite popular young man who is very aggressive and opinionated. He is also very active in student government and writes poetry. As the war was increasingly impacted on the boys' lives, Brinker and Gene decided to in list together. Brinker becomes very jealous though when Finny talks Gene out of it. Brinker is also very jealous of Finny and Gene's friendship. Ever since Finny fell and broke his leg Brinker has been determined to find out the cause of the accident.

I dislike so many things about Brinker. I hate how he is so cocky, aggressive, and opinionated. Brinker is always making unnecessary comments and trying to start things between other boys. I think it is ridiculous how he is so jealous of Finny and Gene's friendship. If he is that upset about it I don't understand why he doesn't just find his own friend.

7. Does anyone in the work remind you of anyone you know?

Yes, there is someone in the work that reminds me of somebody. I have a friend that acts just like Brinker Hadley. It is kind of scary how much they are alike. The only difference is, is she is a girl. She is always very opinionated, speaking anything that comes to mind. This girl is also very involved in school activities. Most the time she is just trying to suck up to all of the adults and I am sure that is all Brinker does with the teachers at Devan. I could also see this friend getting jealous of someone else's friendship. She would try to break the friendship up in a heartbeat to I am sure if she could.

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Perception

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PERCEPTION

PERCEPTION is a mechanism through which people receive, organize and interpret information from their environments. The key to understanding perception is to recognize that it is a unique interpretation of the situation itself, not the situation itself. It is an active psychological process where-in the stimuli are selected and organized into meaningful patterns. Perception is defined as the complex method of obtaining information about our surrounding world, specifically through our senses, and apprehending this information as beliefs. Different people are likely to have somewhat different and sometimes contradictory views or understandings of the same event or person. A person's perception can be thought of as a "filter". Thus, because perception is largely learned, and no one has the same learning and experience, then every person has a unique filter, and the same situations and stimuli may produce very different reactions and behaviors. In an organizational scenario, for example, the perceptual world of a manager is quite different from the perceptual world of the associate, and both may be very different from reality. Thus, the quality or accuracy of a manager's perceptions has a major impact on the quality of any decisions made or actions taken in a given business situation. Perception is more complex and broader than sensation which is the effect of the five senses on human mind. Sensation is a data input & the processed data which gives an Individual a view point is termed perception.

Perceptual world

WE DON'T SEE THINGS AS THEY ARE….

WE SEE THEM AS WE ARE….

- Anais Nain

Since all individuals have own criterion of assigning meanings therefore by definition there isn't anything as the "Real World". Rationality always falls short of perfect perceptions.

As a result a typical "Perception" would add to or take from the real world while processing the inputs. Such a world is called a "Perceptual World".

Sub processes of perception

There are several sub processes of perception. The first important sub process is the stimulus or situation that is present. It is the starting point of perception when a person is confronted with a stimulus or situation. A stimulus refers to raw data or just the sensory Inputs one receives. Hence it is a cognitive process where sensory data acts merely as an input taken from the environment. We tend to select and attend to only some features present in any situation. This helps us avoid dealing with irrelevant information and information overload. Then there are the internal cognitive processes of registration, interpretation and feedback. Then there is the resulting behavior itself, and the environmental consequences of this behavior make up the final part. The physiological ability to hear and see will affect perception. Interpretation is the most significant aspect of perception. Interpretations are largely dependant on a person's learning, motivation and his/her personality. Feedback may influence the perception of a person further. Research has shown that both facial expressions and the specific situation will influence perceptions of certain emotions, such as fear, anger or pain. The behavioral termination of perception is the reaction or behavior, either overt or covert.

SELECTION AND ORGANISATION

We are being constantly bombarded with numerous stimuli. We continually face a m lange of sounds and sights. We tend to select and attend to only some features present in any situation which helps us to deal with irrelevant information and information overload. In some cases, however, individuals may overlook important stimuli.

Various internal and external factors affect perceptual selectivity. These are discussed as follows

1. Intensity- The more intense the external stimuli is, the more likely it is to be perceived. For example, bright packaging and television commercials which are slightly louder than regular programmes. In an organization, a supervisor may raise his/her voice to gain attention. But more complex psychological variables may overcome simple factors. Like, the supervisor might actually be turning the subordinates off instead of gaining their attention.

. Size- The larger the object, the more likely it is to be perceived. Like, a 6-foot 5-inch, 50 pound supervisor may receive more attention from his subordinates than a 5-foot 10-inch, 160 pound supervisor.

. Contrast- The external stimuli that stand out against the background or that are not what people are expecting will receive their attention. A worker with many years of experience will hardly notice the deafening sound of the machines on the factory floor. However, if one or more machines should suddenly come to a halt, the person would immediately notice the difference in the noise level.

4. Repetition- A repeated external stimulus will get more attention than a single one. Advertisers trying to create a unique image of their product that is undifferentiated from its competitors such as aspirin, soap and deodorant rely heavily on repetitious advertising.

5. Motion- People will pay more attention to moving objects in their field of vision than they will to stationary objects. The production line workers, for example, may devote their attention to the line of slowly moving materials they are working on and fail to notice the relatively nice-working conditions like pastel-colored walls, music and air conditioning.

6. Novelty and Familiarity- Either a novel or a familiar external situation can serve as an attention getter. New objects or events in a familiar setting or familiar events in a new setting will draw the attention of the perceiver. Job rotation is an example of this principle. It not only increases attention but also improves employees' acquisition of new skills.

People will select out stimuli or situations from the environment that appeal to, or are compatible with their learning, motivation and personality. A lot of what a person sees in the world is a result of past experience and learning. Even though the past experience may not be relevant to the present situation, it is nevertheless used by the perceiver.

Perceptual Organization focuses on what takes place in the perceptual process once the information from the situation is received. Once we have selected stimuli, we categorize and organize them so that the new material makes sense to us. If possible, we make the new stimuli fit in with the ways we already understand and know the world. If we as managers, for example, see our current employees as being lazy, we will likely see the new employees as lazy too. We organize stimuli in two basic ways. First we perceive stimuli as figures standing out against a background. Such distinctions are particularly influential in performance evaluations. If someone is being interviewed for a job, the people whose interviews are immediately before that person's affect the way in which the interviewer perceives him/her. The previous interview acts as a background against which the current interviewee is assessed.

In addition to perceiving figures against a background, we group discrete stimuli into a pattern.

This is called perceptual grouping. Grouping of stimuli occurs when they are similar, near other stimuli, form a continuous pattern or create a complicated pattern. For example, an office manager may consider all the women as interchangeable and all the men as interchangeable. This underlies the interpretation of stimuli and also contributes to perceptual distortions. We generally tend to group stimuli together by Closure, continuity, proximity or similarity.

• Closure- A person will sometimes perceive a whole when does not actually exist. The person's perceptual process will close the gaps that are unfilled from sensory input. An example of this is the head of a project team who perceived complete agreement among the members on a given project when, in fact, there was opposition from several members. The team leader in this situation closed the existing gaps and perceived complete agreement, when it did not exist.

• Continuity- continuity is closely related to closure. Due to this, a person will tend to perceive continuous lines or patterns. This may lead to inflexible or noncreative thinking on the part of organizational participants. For example, new innovative ideas or designs may not be perceived in a productive process.

• Proximity- A group of stimuli that are close together will be perceived as a whole pattern of parts belonging together. For example, several employees in an organization may be identified as a single group because of physical proximity.

• Similarity- The greater the similarity of the stimuli, the greater the tendency to perceive them as a common group. This applies, for example, to women and minorities.

SOCIAL PERCEPTION

Social perception is a process of trying to perceive, understand and evaluate other peoples (and sometimes our own) intentions, traits, motives, and behaviors. It is also called person perception or social inference. Social perception also involves trying to figure out or "decode" what other people's nonverbal behavior represents.

Characteristics of Perceiver and Perceived

The specific characteristics of the perceiver are as follows

1. Knowing oneself makes it easier to see other others accurately.

. One's own characteristics affect the characteristics one is likely to see in others.

. People who accept themselves are more likely to be able to see favorable aspects of other people.

4. Accuracy in perceiving others is not a single skill.

These features greatly influence how a person perceives others in the environmental situation.

There are also certain characteristics of the person who is being perceived that influences social perception.

1. The status of the person perceived will greatly influence others' perception of the person.

. The person being perceived is usually placed into categories to simplify the viewer's perceptual activities. Two common categories are status and role.

. The visible traits of the person perceived will greatly influence others' perception of the person.

PERCEPTUAL DISTORTIONS

In reality, both selection and organization generally suffer from inaccuracies or distortions. This is due to a prepared mental set influenced by individual dispositions and prior experience.

Cultural influences also affect perception. These are the factors which color our descriptions and cause them to differ form another person's descriptions. Although such biases are normal and human, they can have significant consequences when managers or other organizational members base action on potentially invalid distortions.

There are various types of perceptual distortions. These are as follows

1. Stereotyping

Stereotyping occurs when an individual attributes behaviors or attitudes to a person on the basis of the group or category to which that person belongs. We frequently stereotype members of ethnic groups, women, managers, white collar workers and blue collar workers. It prevents managers from gathering new perspectives and accurately assessing Individual differences at work, contributing to biased or erroneous decision making. So, individuals must gather sufficient information about other people's behavior and attributes to encourage more realistic perceptions. They must also check the conclusions they draw to ensure their validity. They must also differentiate between facts and assumptions in determining the basis of their perceptions.

. Halo Effect

This refers to an individual's letting one salient feature of a person dominate the whole evaluation of that individual. For example, people with good attendance are considered to be responsible and intelligent. A sincere worker is always honest. A stupid action means the person is stupid. It frequently occurs in assessments of employee performances. Thus, it can influence a manager's evaluation of the subordinate's work. Managers must separate appearance from performance, productivity from attendance, personality from creativity. They must know what behaviors and attitudes result in better performance.

. Projections

It is the assignment of personal attributions to other individuals. We defend our egos by projecting our feelings onto others. Projection involves an emotional biasing of perceptions. Fear, hatred, uncertainty, anger, love, deceit or distrust may influence an individual's perceptions. Thus, it compromises a manager's ability to respond to individual differences in the work setting. For example, a manager assumes his needs and subordinates' to be the same. This can be controlled through a high degree of self awareness and willingness to enter the frame of reference of the other person and come to see the situation through his eyes. This is called empathy.

4. Expectancy

This is the tendency to create or find in another situation or individual that which you expected to find in the first place. It leads to expecting behavior from another individual and then perceiving the behavior whether it occurs or not. There is an unconscious expectation that our expectations will be realized. This is also referred to as Pygmalion effect. To counter this, managers should adopt positive and optimistic approaches as opposed to negative and pessimistic approaches to people at work. They should create a warmer interpersonal climate in the organization, give more performance feedback to subordinates, spend more time helping subordinates to learn job skills and give subordinates more opportunities to ask questions.

PERCEPTIONS IN ORGANISATIONS

There are three major things on which perceptions in organizations depend. These are Job Structuring, Flow of communication and Superior-subordinate relationship. In any organization, information is pre-selected, frame of reference is pre-decided, and immediate decision determines perceptions. Therefore patterns of behavior change and the same information is interpreted differently.

Thus, it is very important to deal with distortions. It is imperative to

• Understand that they happen to everyone.

• Be self-reflective and learn to distinguish between assumptions and facts.

• Learn to make decisions based on observation.

• Separate aspects of an individual when you make judgment.

• Decide on criteria and standards for evaluation. Then follow them.

The role of a skilled manager

A good manager does his best to minimize perceptual distortions. Only then can an organization work efficiently. A skilled manager

• Has high level of Self-Awareness.

• Knows about Individual experience & expectations and doesn't put it to others.

• Seeks information from various sources.

• Is Empathetic.

• Avoids Perceptual distortions.

• Avoids Inappropriate Attributions.

• Influences the perception of other people.

Please note that this sample paper on Perception is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Perception, we are here to assist you. Your cheap custom college paper on Perception will be written from scratch, so you do not have to worry about its originality. Order your authentic assignment and you will be amazed at how easy it is to complete a quality custom paper within the shortest time possible!

Group modelo

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GRUPO MODELO, founded in 15, is the leader in the production and marketing of beer in Mexico with more than 6.70% domestic and export market share.(1) It has eight brewing plants in the country, with a total annual installed capacity of 46.0 million hectoliters.(1) Currently, it brews and distributes ten brands; Corona Extra, the number one Mexican beer sold in the world, Modelo Especial, Victoria, Pacifico, Negra Modelo and other regional brands.(1) It exports five brands with presence in more that 150 countries and is the exclusive importer of Anheuser-Busch's products in Mexico, including the brands Budweiser and Bud Light.(1) Grupo Modelo trades in the Mexican Stock Exchange since 14 with the ticker symbol GMODELOC.(1)

Mission Statement

Produce, distribute and sell quality beer

• With excellent service

• At a competitive price

• Optimizing resources

• Surpassing customer expectations

• With the collaboration of employees, suppliers and distributors, contributing to their economic, cultural and social development.

• Improving the profitability of the business

• Protecting the natural resources and

• Cooperating with the progress of the community and the country.

All of the above mentioned in the Mission Statement was taken from the second page of the Annual Report 00 (see appendix). "Quality and Service have been the key for the Company's success. Through them Grupo Modelo has strengthened its leadership.(Annual Report 00, see appendix).

COMPANY'S HISTORY

In Mexico many small breweries existed during the 10's, especially in the North of the country.() Many of them had a local and regional presence, with the capacity to supply the market's demand.()

It was on October 15 when Braulio Iriarte, together with the Mexican President Plutarco Elias Calles, inaugurated Cerveceria Modelo, S.A. best known for its brand Corona.() Shortly after, Pablo Diez joined the Company with the purpose to build a corporation of national presence able to capture and satisfy consumers' needs.()

Pablo Diez who then became the Company's Chairman of the Board, CEO and major shareholder, headed the Company's expansion through the acquisition of breweries, malt plants and other strategic alliances in order to ensure the supply of raw materials required in the production process. ()

The acquired companies such as Cerveceria de Toluca y Mexico S.A. (15) producer of the brand Victoria, Cerveceria Estrella (154), Cerveceria del Pacifico (154), producer of the brand Pacifico, Cerveceria Modelo del Noroeste (160) and Cerveceria Modelo de Torreon (166), were located in strategic areas of the country.()

This expansion was possible due to Pablo Diez's long term vision and his management team integrated by Felix Aramburuzabala, Juan Sanchez Navarro, Nemesio Diez, Manuel Alvarez and Antotino Fernandez.()

During the 50's, Grupo Modelo became the leader in the domestic market.() Pablo Diez made a model company out of Grupo Modelo, using the best machinery, technology, systems, technicians and, most importantly, the best people.()

The increasing presence of the company's products throughout the country required a solid distribution network.() Thus, during the 40's Pablo Diez designated Nemesio Diez to head such a project, with the purpose to ensure the best quality service, creating the first distribution center in the city of Toluca, in 145.()

In 171 Antonino Fernandez was designated Chairman of the Board and CEO. ()

Grupo Modelo has kept the philosophy of Pablo Diez by brewing, distributing and selling high quality beer at a competitive price, optimizing resources and exceeding customers' expectations, thus contributing to Mexico's economic and social development.() Following this ideals, Antonino Fernandez has maintained the growth of the company, being responsible for the construction of two of Grupo Modelo's largest breweries, Cerveceria Modelo de Guadalajara and Cerveceria del Tropico, in 164 and 184, respectively.()

As a result of the merger of its two competitors in Mexico, Grupo Modelo lost its leadership in the mid 80's. Nevertheless, it was recovered in 11, and maintained as of today.()

On February 14, Grupo Modelo became a public company placing 1% of the company's capital in the Mexican Stock Exchange.() Prior to this, in June 1, Grupo Modelo's controlling shareholders signed an investment agreement with Anheuser-Busch (AB), by which AB acquired a minority stake in Grupo Modelo, S.A. de C.V. and its main subsidiary Diblo, S.A. de C.V.()

During the 0's, requirements and demands for quality and service have increased in the domestic and foreign markets.() Therefore, Grupo Modelo has constantly invested in the development of the its facilities and brands to continue satisfying consumers' preferences through quality products.()

Today, Grupo Modelo is the main p

Please note that this sample paper on group modelo is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on group modelo, we are here to assist you. Your cheap custom college paper on group modelo will be written from scratch, so you do not have to worry about its originality. Order your authentic assignment and you will be amazed at how easy it is to complete a quality custom paper within the shortest time possible!