Who is an Unpaid Seller and rights of unpaid seller.

 Q. Who is unpaid seller? Explain the rights of an unpaid seller. 

Ans. Who is an Unpaid Seller? A person who has sold goods to another person but has not been paid for the goods or has been paid partially is called an unpaid seller. According to Section 45 of sale of good act, an unpaid seller is one:

(1) Who has not been the price of the goods he has supplied, or has been partially paid for the goods.

(2) Who has been given a negotiable instrument like a bill of exchange that has been dishonored.

Rights of an unpaid seller: The unpaid seller has the following rights:

(1) Rights against the goods: According to Section 46, when the buyer has not paid the full or partial price of the goods supplied to him, then the seller who has transferred the ownership of goods to the buyer has the following rights with regard to the goods:

(a) Right of lien: According to Section 47, if the seller of goods has not been paid, and the ownership of goods has been transferred to the buyer but the goods are in possession of the seller, the seller has the right to retain the goods till he receives the price of the goods from the buyer. The seller has this right under the following circumstances:

(i) When the goods have not been sold on credit.

(ii) When the payment has not been made on the promised date, if the goods were sold on credit and credit period is expired. 

(iii) When the buyer has become insolvent.

Even if the seller has the possession of goods as an agent or bailee of the buyer, he still has the right of lien of the goods. When an unpaid seller has made partial delivery of goods, he can exercise his right of lien on the goods not delivered unless the part of delivery was made in circumstances to show an intention to waive the lien. 

Termination of lien: According to Section 49, the lien of an unpaid seller terminates in the following circumstances. 

(i) When the seller delivers the goods to a carrier or any other bailee, right of lien terminates.

(ii) When the buyer or his agent lawfully obtains the possession of goods.

(iii) When the seller has waived the lien on the goods. 

(b) Right of stoppage of goods in transit: According to Section 50, when the seller has delivered the goods to a carrier for transmission to the buyer and the goods are in transit, if he receives information that the buyer has become insolvent, the seller has the right to stop the goods in transit and retain their possession till such time as he is not paid the price of goods. The seller has the right of stoppage of goods in the following circumstances:

(i) When the price of goods has totally or partially not been paid.

(ii) When the buyer has become insolvent before paying for the goods.

(iii) When the goods are in transit.

Duration of transit: According to Section 51, when the seller has delivered the goods to the carrier or bailee for transmission to the buyer, until the goods are received by the buyer or his agent is the duration of transit. Even if the goods have reached the destination, the seller’s right of lien does not terminate till the buyer or his agent has taken the possession of goods. The rules as to determine when goods are deemed to be in transit are:

(i) Delivery of goods to the carrier or bailee: The goods are deemed to be in transit when they have been delivered by the seller to the carrier or bailee for transmission to the buyer, and the duration of the period in transit is till the buyer or his agent takes possession of the goods.

(ii) The buyer taking delivery before destination: If the buyer or his agents takes the delivery of goods before the good reaches the destination, the duration of the transist, lawfully ended.

(iii) Holding the goods by the carrier on behalf of the buyer: If, after the goods have reached the destination, the carrier is holding the goods on behalf of the buyer, the duration of transit is deemed to have ended.

(iv) When the goods are rejected by the buyer: If the buyer rejects the goods and the possession of goods remains with the career or bailee, the duration of transit is deemed to have ended.

(v) When the goods are delivered to a ship chartered (hired) by the buyer: When the goods are delivered on board a ship chartered by the buyer,  it depends upon the circumstance of the case whether the ship’s owner (i.e. the shipping company) accepts the goods in the capacity of the carrier or an agent of the buyer. If the shipping company accepts the goods as an agent of the buyer, the duration of transit terminates.

(vi) When the carrier or bailee refuses to deliver the goods: When the carrier or bailee, with malafide (दुर्भावना, जानबूझ के) intention, refuses to deliver the goods to the buyer or his agent, the duration of transit is deemed to end.

(vii) When partial delivery has been made to the buyer: In case a part of goods has been delivered to the buyer or his agent, and the rest of goods are in transit, and if the partial delivery is made with the intention that it is not deemed to be total delivery, the seller has the right to stop the remaining goods in transit. 

How Stoppage of Goods in Transit is Affected?

According to Section 52, the stoppage of goods in transit is affected by:

(i) taking actual possession of goods.

(ii) giving notice of the seller’s claim to the carrier or any other person having the control of goods. 

(c) Right of Re-sale: 

(i) Besides the right of lien and stoppage of goods in transit, an unpaid seller has the right to re-sell the goods, if the goods are perishable.

 

(ii) When the unpaid seller has acquired the possession of goods by lien or stoppage of goods in transit, and has given notice to the buyer of his interaction to re-sell the goods, and if the buyer does not pay for the goods, the unpaid seller can re-sell the goods. The seller is also entitled to claim from the buyer any loss that he may suffer in re-selling the goods. If the unpaid seller makes a profit by reselling the goods, the defaulting buyer has no claim on such profit, because the law does not permit a defaulter to profit by his default. 

(iii) In case of a default on the part of the buyer, when the seller has secured the right to re-sell in a clear and certain procedure, he can proceed with the resale of goods. 

When an unpaid seller plans to re-sell the goods, he is obliged by law to give one last opportunity to the buyer by informing him of his intention to do so, so that the buyer can assure himself, if he desires, that the goods are sold at a reasonable price. If the unpaid seller does not inform the buyer of his intention to re-sell the goods and is put to a loss in the re-sale, he cannot later claim such loss from the defaulting buyer or keep with himself any profit that may result from the re-sale. 

(2) Rights Against the Buyer: An unpaid seller has the following rights against the buyer:

(a) Suit for price:  According to Section 55, if the ownership of goods has been transferred to the buyer and he refuses to make the payment for the goods, the seller has the right to file a suit against the buyer.

According to Section 55(2), if, according to the terms of the contract of sale, the payment for the goods is to be made by a certain time or date by the buyer and such payment has not been made, the seller has the right to sue the buyer even if the ownership of goods has been transferred to the latter.

(b) Suit for damages: According to Section 56, [if the buyer] refuses to accept the goods or defaults in making the payment for them with a malafide intention, or [refuses to accept the goods or to pay for the same, the seller has the right to file a suit against the buyer for damages.]

(c) Repudiation of contract before due date: According to Section 60, [if the buyer repudiates the contract before the due date] for the delivery of goods [and the seller does not accept the repudiation and waits for the due date] to make the delivery, [he reserves the right to sue the buyer for repudiating the contract.]

(d) Suit for interest: The unpaid seller, according to Section 61, has the right to be paid interest by the buyer for any delay in making the payment. Such interest is affective on the amount of payment for the period of delay after the due date. 

Or

Such interest is charge after due date of payment and if there is agreement interest will be charge from due date.

Question papers class 11th and 12th.

English

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Factors Affecting Price Determination & Price Setting Process (Easy notes)

 Q. What factors do affect the price determination of a product? Briefly explain the process of price setting in practice.

Ans. Pricing is an art of translating the value of the product or service into quantitative terms (i.e. rupees) by the marketing manager before it is offered to target consumers for sale. Pricing decisions should be consistent with the marketing objectives of the company. For determination of prices of its products the management must have to take a number of factors into consideration. The influencing factors for a price determination/decision can be divided into two groups, such as:

FACTORS AFFECTING PRICING DECISIONS 

A. INTERNAL FACTORS: Internal factors are those which are well within the control of the company. Internal/controllable factors are as follows:

1. Pricing objectives: The objectives set for pricing affect the decision regarding fixation of price for a particular product. Firms may have a variety of objectives such as price stability, sales maximisation, target return on investment, meeting the competition, survival, etc. Pricing decisions should be made only after proper consideration of pricing objectives.

2. Cost of production: Cost plays an important role in the pricing of the product as both have a close relationship. Cost of production serves as the base for price fixation. Whatever may be cost of production, the price is one at which the seller is prepared to sell and the buyer is prepared to buy.

3. Marketing Mix: Price is one of the important elements of marketing mix and therefore must be coordinated with the other elements: production, promotion and distribution. Any change in price will have an immediate effect on the other three elements. 

4. Product Differentiation: The price of the product also depends upon the characteristics of the product. In order to attract the customers, different characteristics are added to the product, such as quality, size, colour change, attractive package, alternative uses, etc. Generally customers pay more price for the product which is of the new style, fashion, better package etc.

5. Organisational considerations: Pricing decisions are occur at two levels in the organisation. It is the top management which generally has full authority over pricing. The marketing manager’s role is to assist the top management in price determination and administer the pricing within policies laid down by the top management. The top management sets the guidelines within which the price is to be administered and determine the price range within which the actual price is dealt at lower level.

However, in some companies, some authority is granted to subordinate executives for setting prices, especially where pricing varies in different markets or where ther are numerous products and frequent pricing decisions are required.

6. Product life cycle: Pricing decisions are affected by the stages of product life cycle. As the product follows a number of stages i.e. introduction, growth, maturity, saturation and decline. The price which is relevant in one stage may not necessarily be relevant in the next stage and therefore it requires price administration during each stage.

In the introductory stage, the prices are kept low so that the product can easily penetrate the market. As the sales increases and the product reaches the growth stage, the prices can be raised to a certain extent. During the maturity stage, the prices are either kept at the same level or lower down to face the competition. In the declining stage, prices are further reduced to maintain demand.

B. EXTERNAL FACTORS: External factors are those which are generally beyond the control of the company. These are as follows:

1. Product Demand: Product demand has a great impact on pricing. Since demand is affected by many factors, such as: number of prospective buyers, their preferences, their capacity and willingness to pay, number of competitors, what they are charging for similar products, etc. Therefore, these factors must be taken into consideration while fixing the price.

2. Elasticity of demand: Price elasticity of demand also affects the pricing decision. Price elasticity means a relative change in demand due to certain percentage change in price of the commodity. If the demand of product is inelastic, high price may be fixed. Contrary to it, if demand is elastic, the firm cannot fix high prices rather it should fix lower prices than that of competitors.

3. Competition: No manufacturer is free to decide his prices without considering competition unless he has monopoly. Competition is a crucial factor in price determination. While determining the prices, a marketer must know the pricing objectives, policies and strategies, strengths and weaknesses of the competitors. This also helps to know the possibilities of raising or lowering the prices. Even in monopolistic conditions, the manufacturer has to consider the competition with that of substitute products while deciding the price of his product. For example, if price of scooter increases, the consumers will shift towards motorcycle. Number of competitors and their sizes also affect the price decisions.

4. Economic conditions: Economic  environment of the country is an important factor affecting the pricing decisions. Inflationary and deflationary conditions affect the pricing. In recession period the prices are reduced to a sizable extent to maintain the level of turnover. On the other hand, the prices are increased during the boom period to cover the increasing cost of production and distribution. To meet the changing economic conditions, several pricing decisions are available, such as:

(i) Prices can be boosted to protect profits against rising costs;

(ii) Price protection system can we linked with the price on delivery to current costs;

(iii) Emphasis can be shifted from sales volume to profit margin and cost reduction, etc.

5. Government regulations: The government of the country influences the pricing policies in a number of ways. Government regulates the prices of the products, it makes available services it renders to the community like electricity, transport, railway, postal, etc. Government interference in the form of taxes and fixation of prices , influence the pricing decisions. Like other marketers, government also sells necessity goods through its fair price shops such as sugar, rice, kerosene oil, atta, etc.

Government happens to be the largest employer and the buyer in the economy affecting the pricing system. Government has framed different laws to restrict price hikes, artificial scarcity, consumer exploitation, and monopoly tendencies. These are MRTP Act, Essential Commodities Act , Consumer protection Act and so on. The prices cannot be fixed higher, as government keeps a close watch on prices in the private sector. 

6. Consumer behaviour: The behaviour of the consumers and users for the purchase of a particular product, do affect pricing, particularly if their number is large. In other words, the composition and behaviour of consumers have a great impact on pricing decisions. For example, if the consumers are small users, though large in number as in case of daily needs consumer products, they do not have much influence on pricing decisions. On the other hand few consumers , but large users have considerable influence on the pricing decisions.

The pricing decisions are also affected by the fact Whether the consumer is an individual industrial user or a household user. The firm cannot have the same price policy for both the classes of consumers. Buying pattern of the consumers also plays an important role in prisoning of a product. If the purchase frequency of product is higher, lower prices may be fixed, resulting in higher sales along with the higher overall total profit. 

7. Distribution channel: A number of intermediaries exist between the manufacturer and the final consumer. Each of them charges for their services, which ultimately adds up to the cost of the product. Therefore, longer the distribution channel, higher will be the price of the product and vice-versa. If due attention is not given on this factor, it might happen that the price of a product may become so high that the consumer might reject it. 

8. Suppliers: Suppliers of inputs, especially raw materials and fabricated parts have great impact on the price of a product. If the suppliers raise the price, it will lead the manufacturer to increase the price of the product, which will ultimately affect the consumers. The scarcity or abundance of the raw material also has considerable influences on the final pricing decisions.

9. Market position of a company: Besides the above, there are a number of factors which directly or indirectly influences the pricing decisions. Such as: social and ethical considerations, consumers’ reactions towards rising prices, wage rates, productivity, trade customs, speculation, etc. 

Thus, the above are some important factors which affect the pricing decisions of a company. The marketers obviously can exercise substantial control over the internal factors, while they have little control over the external factors.

PROCESS OF PRICE SETTING IN PRACTICE 

There is no specific procedure applicable to all forms for price determination. Generally , the following procedure may be followed. 

1. Select the target market: The very first step for determining the base price of a product is to select the segment or segments, where the marketer wants to pursue. The demographic and psychographic characteristics of the selected segment will effect the pricing decision.

2. Identify the potential customers: The potential customers are those who will pay the price for a product. They are therefore, the focal point in price determination. It is short-sighted (narrow or limited way of thinking) to select a pricing policy or strategy without first identifying those people whom the pricing plan is supposed to affect. The buying motives, paying capacity, location, price sensitivity, consumer’s prior attitude about the marketer and his brand, etc. of the potential customers will have considerable effect on price determination.

3. Estimate the demand: Each price level gives different levels of demand. Higher the price, lower will be the demand. Estimating the demand for an established product is easier than for a new product. There are two steps in estimation of demand:

(a) Knowing the expected prices.

(b) Determining the sales volume at various prices. 

Expected price refers to price range. Surveys may be conducted of potential buyer or competitor’s prices may be studied or the product may be tested in limited area to know the expected prices. After knowing the price range, sales volume at different prices are estimated. The product with elastic demand will be priced lower than the product with an inelastic demand. For example, the increase in the price of convenience products say salt may not affect the demand. Contrary to it, the increase in price of speciality products say scooter may affect the demand level.

4. Anticipate competitive reactions: After estimating the demand of the product, competitive situation in the present and in future should be studied because present and potential competition also influences the price determination. Competition may come from three sources: 

(i) Competition directly from the substitute products: For example, a scooter manufacturer has to face a competition from the other manufacturers of scooters.

(ii) Competition from the substitute products: For example, a scooter manufacturer has to face a competition from the manufacturers of motorcycle.

(iii) Competition from unrelated products: For example, a scooter manufacturer has to face a competition from the manufacturer of small cars, air-conditioners and consumer durable seeking the same consumer’s disposable income.

Estimating the future competitive situation is more important, when the production of the product can be started with low initial capital and the profit margin is quite attractive. The marketer should study the competitor’s product, price, promotional competition either by reducing the prices or by entering into new market segments.

5. Establish expected share of market: The next step is to determine the market share which a company will try to capture. Low priced products may capture a larger share of the market and a high priced product may capture a small share of market. Larger share of the market can also be captured by adopting promotional techniques and by going for non-price competitive strategy. For deciding the market share, the market share should not be fixed beyond the production capacity of the plant.

6. Select pricing strategy: Keeping in view the marketing objectives in mind, a suitable pricing strategy should be selected. There are two main pricing strategies for pricing the new product.

(I) Skimming Pricing: It is a strategy in which prices are kept high with a view to skim the cream of demand. It is possible when the product has distinctive features or when there is no competition and the consumers are not price sensitive. Later on, the firm can easily lower down the prices to attract other segments of the market.

(II) Penetration Pricing: It is a strategy in which prices are kept low with a view to capture large market share. This strategy is useful when consumers are price sensitive, there is a fear of competition and the cost of production goes down with the increase in sales of production.

Both these strategies have their own merits and demerits. The company has therefore, to select the best suitable strategy.

7. Consider company’s marketing policies: In the next stage of price determination process, the product policies, the distribution policies and the promotion policies of the company must be considered.

(i) Product policies: The price of the product is more influenced by the nature of the product, i.e., whether it is a new product or an old product, perishable product or durable product, consumer product or industrial product. Perishable products which cannot be stored for a long period are priced low to facilitate its easy disposal. The change in fashion also forces the marketer to price the products at a level so that they get disposed off before the fashion changes. 

The composition of product, its quality, durability, resistance to heat, light, water, breaking strength, shrinkage, etc. also affects the prices. Product mix is also one of the consideration.

(ii) Distribution policies: The nature of channels used and the gross margin requirements of the middlemen influence the pricing decisions. The length and complexity of the distribution channel greatly influence the price. The long and more complex channel, higher will be the price and vice-versa.

(iii) Promotional policies: The more the promotional activities undertaken, higher will be the price. Because expenses incurred will have to covered from the price.

8. Select the specific price: After considering all the above facts ultimately a specific price is selected. The selection of a specific price vary under different market conditions. The price may be determined through the forces of demand and supply or by cost of production or on the basis of competition prices. 

There is no readymade formula for fixing the prices. It requires a lot of experience to have a good pricing decision after following the procedure. The price must be fixed by watching the interest of all the parties i.e. a fair return on investment to manufacturer, a good profit margin to middlemen and a fair price to consumers.

Challenges to Human Resource Management HRM

Q. Write a detailed note on the challenges to Human Resource Management.

Ans. Several changes have taken place in the field of management. As a result of these changes, professional management has been replacing traditional management. Similarly, Human Resource Management has taken the place of Personnel Management. But still some organisations and institutions call it as labour management while most of the organisations and educational institutions have recognised it as human resource management. On account of such changes in the modern world, human resource managements will face many new challenges.

1. Population Explosion: Population has grown rapidly in India and many other countries of the world. As a result, there will be need for new activities, new methods of production and distribution. Because of increase in average expectancy of life, ratio of older employees in the organisation will increase. There will be change in population mix. HR policies will have to pay attention to this fact.

2. Increase in Education Level: In recent years, number of educated workers in the organisation has gone up. Needs of educated workers are quite different from that of uneducated ones. Educated consumers and workers have rendered the job of prospective managers more challenging. Consequently, those HR policies which were formulated several years ago, when most of the workers were illiterate, will become irrelevant.

3. Technological Development: Management will also be influenced by rapid technological development. They will need such prospective employees who could operate modern machines efficiently. Besides, constant training will be required to maintain the skill of existing employees. In future, the organisations will have to make technological forecasting like man-power forecasting. Automatic machines and equipments are opposed by the trade unions. Managements will have to take them into confidence before going ahead with the installation of these equipments.

4. Change in Political Environment: In order to safeguard the interest of workers, consumers and society, government will interfere in business. In order to protect the interests and rights of all in the organisation and to strike a proper balance among them, legislations are likely to be introduced. Hence, the managements while chalking out HR policies must keep this in mind.

5. Change in Sources of Manpower: As a result of better educational facilities, candidates belonging to scheduled caste, scheduled tribes, and other backward class and minorities will be important sources of recruitment in future. Hence while framing recruitment policy in different organisations, these sources must be taken care of.

6. Complexities of Human Relations: Existence of more than one trade union, affiliation of trade unions with different political parties are other challenging problems for the management to tackle with. In addition, internal trade union rivalries may also pose serious problems for the organisation. It may therefore, become still more difficult to establish good human relations. All this will necessitate greater efficiency and more tact on the part of the human resource management.

7. Greater Importance to Health and Safety Programmes: Because of statutory pressures, human resource management will have to implement provisions relating to health ànd security.

In future, more attention will be paid to human resource management. Besides, the management will look after the following in times to come:

(i) Leadership will have to shed authoritative approach and adopt participative approach.

(ii) While dealing with the employees, they will adopt humanitarian approach.

(iii) Talent and creative capacity will be encouraged. In order to increase the qualities of the employees, they will be suitably awarded.

(iv) More preference will be given to humanitarian approach rather than legal and rule bound approach.

(v) Human factors have an important role to play in the achievement of organisation’s objectives. This approach will be duly recognised.

(vi) Human Resource Management will be given higher status than other functional fields like marketing management, financial management and production management.

(vii) Human resource Management will lay stress on full development of human resources in the organisation.

(viii) Trade unions will be given due importance in the management of the industries.

(ix) Human Resource Management will now include development of the organisation, career planning and development, good industrial environment, national wage policy and social justice, etc.

(x) With a view to solving labour related problems, professional managers will have to be appointed.

According to Gary Dessler, “Globalisation, technological trends, workforce and demographic trends, economic challenges, trends in nature of work, deregulation are the recent trends shaping HR management.” To meet these human resource management challenges, HR managers will have to handle these challenges with appropriate human resource management strategies.