Matrix Concept in Management

Matrix Concept in Management Introduction The matrix structure is a management technique which diverts from the conventional manner of managing talent in the workplace. Often, the concept is applied throughout the organization, but there are cases where only part of the organization can be managed in this manner (Ford, 1992, p. 1).Advertising We will write a custom essay sample on Matrix Concept in Management specifically for you for only $16.05 $11/page Learn More What is unique about the matrix concept is that, there are several reporting channels to the top management, as opposed to the conventional one channel of reporting. In the past, many organizations were known to dissect employee talent according to employee product association or functional levels. However, the matrix structure combines the two platforms to create a dual reporting system. The matrix technique therefore works by integrating cross-functional work teams in the sense that, employees now report to various sections of a company’s top managerial team (Kuprenas, 2003, p. 52). The entire concept of matrix management was derived from a diagrammatic form of organizational management where there is a grid of functions and product groups bound to be accomplished by selected employee groups (Samson and Daft, 2009). The matrix concept is normally adopted where there are sophisticated products to be developed and the input of various departments ought to be incorporated to make the project a success. However, there have been increased concerns among managerial circles that, the matrix concept creates more problems than it can solve. This concern is registered because from the dual reporting system which the matrix structure incorporates, organizational design is complicated. This study focuses on the matrix structure as the first part of the study and in the second part of the study, an analysis of the concept of teamwork will be made. An analysis of the matrix structure will be done to establis h why the matrix concept is weak in applicability and in the second part of the study; this study explains why most managers today adopt the concept of teamworkAdvertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Applicability of the Matrix Concept Though the matrix structure has been advanced as a formalized way of making the organizational design process efficient, it also creates new problems for organizations which adopt the concept. In this regard, the matrix concept exposes a lot of weaknesses in its application, such that, it sometimes beats the sense of adopting it in the first place. The dual reporting structure of the matrix concept is the major element of crisis for the concept because it exposes organizations to a lot of problems regarding the applicability of the concept. For instance, the dual reporting system envisioned in the concept is very costly for organizations to implement and therefore this affects the productivity of the concept (Clegg, Kornberger and Pitsis, 2005). More importantly, this problem is severe for organizations which are just starting up because they may lack the funds to bounce back into operations once they suffer severe operational losses. Through the dual reporting structure, the matrix concept creates a complex reporting system which causes a lot of confusion in the organization regarding which individual or department employees should report to. The chain of command is therefore distorted with the adoption of the matrix structure and chances of role ambiguity surfacing is high (Gottlieb, 2007, p. 2). This situation is likely to brew more conflict for organizations and especially individuals who hold high positions. This conflict is observed in form of interpersonal conflict because the matrix structure pits two individuals against one other (because employees report to both of them). Chances of superiority battles occur ring is therefore high and employees may find themselves caught up in the middle of the standoff since they may find themselves in a position where they have to pledge loyalty to a certain individual. For instance, a project manager may tell an employee to do one thing but another manager in a different department may tell the employee to do another thing which contravenes the first instruction.Advertising We will write a custom essay sample on Matrix Concept in Management specifically for you for only $16.05 $11/page Learn More This situation may corrode employee cohesion and reduces the synergy needed in completing given projects. It is therefore no surprise that, companies which have shifted their organizational designs from the conventional form to the matrix form experience high employee turnover as a result (Kuprenas, 2003, p. 53). The shortcomings of the matrix structure have also been practically evidenced in the United States (US) (in 1961-1978) wh en a quarter of the hospitals shifted their organizational designs to the matrix structure and later abandoned it after citing operational problems. At this point, several research studies were done to analyze why the concept was failing and it was discovered that, the matrix concept was more suited for larger organizations as opposed to smaller ones (Willmott, 2010, p. 114). However, this turned out not to be the case because subsequent studies done in General Motors (which is a large organization) revealed that, the concept was still not applicable because it was affirmed that, managers lost control of their departments, thereby decreasing productivity and efficiency. Teamwork Organizations have in the recent past greatly utilized the concept of teamwork in organizational processes. Teams are independent groups of people who work towards the achievement of a given organizational goal. The trend has picked up in the recent past because recent research findings show that, teamwork i s an efficient way of getting organizational objectives done within a short time (Parker, 2008, p. 183). The efficiency of teamwork has motivated more managers to nurture the concept because researchers who have past experiences in the use of the concept, acknowledge that, decisions are easily made in this regard and undertaking simple processes like encouraging employees to be more productive can significantly lead to a lot of improvements in the production process.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Some companies also use teams because it is a simple way of controlling the behaviors of employees. For instance, when employees work in teams, they feel obligated to ensure the success of the team at all costs and many would often not want to be singled out as the derailing cause in a given team. For instance, if an employee falls sick, chances are that, he or she will struggle to come to work so that, he or she is not identified as the weak link in the team. This observation is a form of positive peer influence in the sense that, positive energies from team members are likely to spread to other team members as well. The uptake of the concept of teamwork among organizations is also motivated by the fact that, with team working, the organization can be able to integrate different talents towards the success of a given project. For instance, not every employee possesses the same skill or talent and therefore, it is only wise to integrate the different talents of team member towards t he realization of a given organizational goal. This fact is closely similar to the concept of building synergy because teamwork easily leads to the success of the concept. Synergy appreciates the fact that, two talents are better than one and the integration of different employee talent is more productive than if employees were to work individually (Parker, 2008, p. 183). This concept also changes the management’s view of the organization because employees are now perceived as part of an entire segment of an organization as opposed to individual people. Teamwork therefore helps to build synergy in this manner and managers appreciate its productivity as a result. For instance, an airport controller would find his job very difficult if he were not to embrace the concept of teamwork because controlling different airline companies to offer maximum service satisfaction to hundreds of customers is not an easy thing. For example: coordinating the checking of luggage; passenger aligh ting; cabin cleaning; replenishment of foods, drinks and snacks; airplane fuel refilling; luggage unloading and similar activities are tedious tasks. The adoption of the concept of teamwork is therefore useful in helping such an individual effectively handle such a hustle because through the adoption of teamwork, the airport controller will be able to speed up all the processes, say, if he adds two or more people in the luggage checking department as opposed to only four people, or if he adds more flight attendants to communicate with the pilot in times of landing or take off. Conclusion In light of the weaknesses of the matrix approach, many organizations have changed their perception (especially held in the 70s) that, the matrix structure is an antidote for all organizational design problems because the breadth of its potential for applicability significantly reduced as a result. However, the notion that, the matrix structure is appropriate for large organizations exists because i t is believed that, large organizations operating in a fast-paced business environment may benefit more from the organizational design strategy than companies which do not share the same nature. In the same regard, it is correct to say that, a coal mining company is not likely to benefit from the concept (matrix) as opposed to a company dealing in pharmaceutical products. Also, companies which do not heavily rely on the services of professionals or semi-professionals are likely to fail to benefit from the concept because the technique is best applied when an organization relies on the services of professionals such as engineers, surveyors and the likes. The matrix technique is also only applicable in an organization which has a diverse set of professionals who have various skills and in organizations which have nurtured employee behavior such that, the interpersonal skill level is high. However, getting organizations which have attained this level of employee cohesion is normally di fficult. Also, for the concept to effectively works, there needs to be sufficient authority given to project managers who work under the authority of the functional and product managers to make important decisions regarding the course various projects have to take. Considering these dynamics of the matrix concept, the matrix technique is applied best as part of a large inclusive strategy of organizational design, but it should not be left alone to stand as the only unique organizational design strategy. With regards to the teamwork concept applied by many organizations today, organizational managers have discovered that, it is easier to foster collaboration and cohesion in the organization through teamwork so that, tasks can be effectively completed in the organization. Managers also aim to improve their employee’s problem solving skills in the organization because working in teams is also strenuous and employees are bound to disagree with one another regarding various issues . The team environment however encourages them to solve their disputes and iron out their differences. This improves their problem solving skills. Moreover, the team environment encourages employees to come up with creative ideas which they can brainstorm among themselves and ultimately, the organization will be the one to benefit because such creative ideas are likely to be of benefit to them. References Clegg, S., Kornberger, M., Pitsis, T. (2005). Managing and Organizations: An  Introduction to Theory and Practice. London: Sage. Ford, R. (1992). Cross-Functional Structures: A Review and Integration of Matrix  Organization and Project Management. Journal of Management, 6, 1-22. Gottlieb, M. (2007). The Matrix Organization Reloaded: Adventures in Team And  Project Management. London: Greenwood Publishing Group. Kuprenas, J. (2003). Implementation and Performance of a Matrix Organization  Structure. International Journal of Project Management, 21, 50-62. Parker, G. (2008). Team Players and Team Work: New Strategies for Developing  Successful Collaboration. London: John Wiley and Sons. Samson, D., Daft, R. (2009). Management Third Asia Pacific Edition. Australia:  Cengage Learning. Willmott, H. (2010). Organization Theory and Design. London: Cengage Learning.

How to Become a Resident Adviser (RA)

How to Become a Resident Adviser (RA) You may have wanted to be a resident adviser or resident assistant (RA) since the moment you first moved on campus or you may just want to explore the idea. Either way, youve ideally carefully considered the pros and cons of the position and are now looking to get your application in. What should you expect? And how can you be sure that your application stands out from the crowd? The RA application process varies, so youll need to check with the office that manages residence life at your college to get to know the specific requirements at your school. While this may not be the exact process you experience, the following overview can help you prepare to apply and interview for an RA position. Step One: The  Application What youll be asked to do: Most colleges and universities have prospective RAs fill out a several-page application, either online or in hard copy. Youll be asked about your involvement on campus, why you want to be an RA, what your leadership experience has been  and what  goals youd like to accomplish as an RA.What theyre looking for: Residence life professional staff are looking for people who come from a wide range of experiences. Be honest about what youve been involved in, where your interests are  and what youre most passionate about. Conversely, if you havent been that involved, be honest about that- and that you are now looking to become more involved in an RA role (and why). Your new potential boss(es) will be looking for people who are engaged with their community, want to be a part of building a community and are thoughtful about their role on campus.   Step Two: The Group Interview What youll be asked to do: You may be asked to participate in a  group interview, where youll be put in a small group with other applicants. Youll most likely have to introduce yourself and participate in team-building and problem-solving exercises- all while being observed.What theyre looking for: Your potential new employers are looking for candidates who work well with others, who are self-confident, who listen well, and who demonstrate leadership skills. Remember, however, that this doesnt mean you have to worry about leading your team through a possible challenge; leaders can also be quiet people in the background who see common ground, can help mediate conflict and provide positive reinforcement for others who may be struggling. Just make sure to be yourself while doing your best to work well with those in your group. Step Three: The Individual Interview What youll be asked to do: Youll have a much smaller interview with one (or two) full-time residence life staff members where youre the only candidate present. (This actually may come before or after a group interview, if there is one.) While this may sound nerve-racking, it can actually be less stressful than the group interview process. Youll be asked questions similar to the ones you saw on the  application you first submitted.What theyre looking for: This is the most important time to be yourself, as your interviewer(s) is most likely looking for someone who is a good listener and that can make other people comfortable. Make sure to be relaxed and friendly, make good eye contact  and be honest in your answers. Additionally, be prepared to think on your feet: Your interviewer(s) may ask you how youd handle a variety of scenarios an RA may encounter or ask you to share an experience where you helped mediate a conflict.  Keep yourself focused and do your best to communicate th at youre a smart, friendly, helpful person that will make a great addition to next years RA  staff. And dont forget to bring some questions of your own!

Reading Reflection Assignment Example | Topics and Well Written Essays - 250 words - 7

Reading Reflection - Assignment Example The government used such agencies like the media to convince the public and suppress the truth, thus acting on false information which contradicted the democratic â€Å"marketplaces of ideas† which the country is based on. The question on the threat of inflation is quite confusing because democratic â€Å"marketplaces of ideas† are known for making accurate decisions, but as the case of Iraq may suggest, they flaunted this and acted on their own personal and selfish interest. A closer look at why the marketplaces of ideas was not applied into the case of Iraq is that US as a country had various strategic advantages which propelled both the citizens and leaders to declare war on the country. An example is that the media and the atrocities of the September 11 were responsible for the failure of marketplaces of ideas in the case of Iraq. Failure of the â€Å"marketplaces of ideas† in Iraq’s case was because of a number of reasons like biased manipulation of democracies buy selfish individuals for their own gains. Secondly, is that the control of information was only restricted to a fraction of individuals who were thought to have the country’s interest at heart and lastly the authority exerted in foreign

Accounting and Society Essay Example | Topics and Well Written Essays - 4500 words

Accounting and Society - Essay Example However, no such conclusion was provided within the video as to which perspective is better of the two. This creates a knowledge gap and thus provides the researchers with the opportunity to bridge the gap by setting forth an in depth research regarding the best perspective that should be implemented in accounting practices. Previous literatures have suggested that the arguments in favour of implementing the pro regulation perspective of accounting and arguments against the utilization of free market perspective have been influenced by political, social, economic and research consequences. Thus the primary objective of this research is to do a critical evaluation providing evidence regarding the implementation of the above mentioned approaches. The paper will also highlight the political, social, economic and research influences that have historically impacted on the level of accounting regulation in a developed economy with established security markets. Following the in-depth analys is of the factors, remarks will be put forward as to which accounting standard should be implemented. In order to carry on the research efficiently and effectively specific set of tasks will be divided between the two members. One member of the group will be primarily responsible for doing a critical evaluation of the pro-regulation perspective whereas the other member will be assigned with the responsibility of analyzing the free market perspective.... Extensive literature review will be done in order to justify every comment that will be made. The literatures that will form the groundwork of this research are peer reviewed journals that cover different aspects of these accounting regulation perspectives. Three peer reviewed articles will be used in order to explain the implementation of the literature in order to explain the topic of issue. In addition to that, the video that has been used as the basis for initiating the research process will also serve as a useful resource. The overall time frame required for this research is 2 months. The tasks that will be performed over the course of these 2 months have been explained in the following table. Timeline (Source: Author’s creation) PART B Previous literatures in the field of accounting regulation acknowledged the social, economic, and political factors that are associated with the advancements made in the accounting rules and explained the events that led to the formulation of different regulatory frameworks that are internationally accepted. Those literatures have also highlighted the aims and purposes of accounting regulation and also identified the necessity for imposing these rules from many different perspectives, particularly, the social, economic and professional perspectives.  The present study endeavours to gather and to contrast in one place the different perspectives regarding the pro-regulations and free market approach to accounting practices. This study will only include reference papers and articles which have explained and established the theory of accounting regulation. Thus issues that have been discussed within this essay are not exhaustive they do not necessarily represent the last research dealing with these issues.   The relevance of

Tutors Theorizing the Writing Center :: Education Learning Papers

Central to the theorizing that is current in writing center scholarship is the concept of collaboration between tutors and students. Because of the overarching framework of social constructivism that currently drives theorizing in a multitude of disciplines—e.g., composition, literature, history, sociology, anthropology—it is not surprising that writing center scholars also use this framework to question the kind of knowledge that tutors create in tutorial sessions (see Grimm 1999, Murphy 1995, Carino 1995, Hobson 1994). Are tutors simply replicating the hierarchical paradigms of knowledge construction in which academia seems to be fully invested? Or are they capable of "thinking outside the box" because they are peers rather than teachers? My interest in how tutors theorize their practice in the writing center and how the writing center literature theorizes itself has been central to my work as a writing center director for the past 10 years. The small liberal arts college where I teach and direct the writing center has a staff of all-female undergraduate tutors, and I am constantly surprised by their fresh take on writing center theory and practice. They are bright and they question everything. Since this is exactly what a women’s college should be teaching young women to do, I encourage that stance in our writing center, and especially in the course tutors are required to take with me before they begin tutoring. In this paper, I will examine tutors’ journal responses written during a tutor training class held in the Fall of 2003. In these responses, tutors respond directly to articles which are often considered central to understanding the concepts of collaboration, control, socially constructed knowled ge, and the writing center as a site of resistance--concepts upon which writing center theory is often built. An important aspect of these journals is that they are dialogic. That is, they are entered on a Blackboard discussion forum that allows each tutor to read the other tutors’ journals and respond to them. The tutors’ responses seem to reveal a gap between what tutors understand about their own tutorial practices and what theorists believe to be true. In examining the tutors’ responses, I find that theorists sometimes recast practice to fit their theoretical constructs; as a result, tutors do not always see the same connections between theory and practice that theorists do. By listening to tutors’ voices as they critique writing center theory, I believe we can better understand how to use theory as a jumping off place for tutor training, rather than as an ending point.

This Piece of Writing Deserves a Level 7

This Piece of Writing Deserves a Level 7 It’s simple. I have worked my fingers to the bone to bring you this wonderful piece of writing that will most definitely be worthy of a level seven. I will use varied sentence length, pairs, sets of three, quotations, metaphors, similes and many more rhetorical devices to create a piece which you will not be able to take your eyes away from. You see Mr. Deane; this writing is like a magnificent and stunning cake – something which you cannot take your eyes from.Yes, this writing is a cake bursting with delicious cream and icing and chocolate, just waiting for you to sink your teeth deep into it. If this first paragraph has not convinced you that this is worthy of a level seven, then my next paragraph will do. Keep reading. I had no trouble starting this paragraph. I may be right in saying this is unlike a few – if not many – people in my form who had trouble starting. This is not me. I have simply strived to string t his braid of bubbling and beautiful words together. Also read: Principles of Good Writing by L.A. HillDo you not find the alliteration, sibilance, plosive sounds and onomatopoeia in the last sentence level seven worthy? I’m hard pressed to find a reason for not giving me a level seven, as, a great man like you can, I hope, see what is right in front of you – a level seven-worthy piece of writing. If can find a reason against me, then I implore you to keep reading, as you will come to see that by the end, that this piece of writing will deserve a level seven. If you are still yet to be convinced, then I ask you, if this does not gain a level seven, what will the other teachers think of your educating?By giving this writing level seven, you will not only be gaining the love and appreciation and of one of your students, but also the admiration and respect of your fellow English teachers, who will find your ability to bring out the best writers amazing. This, I assure you, you will enjoy, and as Plutarch once said â€Å"The whole life of man is but a point of time; let us enjoy it. †. So, if you still do not think this deserves a level seven then, as George Santayana once said, even â€Å"The wisest mind has something yet to learn. †.

Innominate contracts - Free Essay Example

Sample details Pages: 7 Words: 2036 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Tags: Contract Law Essay Did you like this example? What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally à ¢without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a law of contract. Don’t waste time! Our writers will create an original "Innominate contracts" essay for you Create order The latter is far more familiar to the modern legal scholar. In most current jurisdictions there is a unified concept of that which constitutes a contract. For example, in the UK, the existence of a contract is determined by a à ¢Ã¢â€š ¬Ã…“checklistà ¢Ã¢â€š ¬Ã‚  of common factors: offer, acceptance, intention to create legal relations, certainty etc. This is not so in the Roman code which possessed instead a list of varieties of contract. This gave rise to a need for classification of contracts according to type. Thus, jurists such as Justinian divide contracts into categories such as Real and Consensual which are further sub-categorised. The innominate contracts are in effect defined by their inability to fit into such established categories and their identification is therefore negative in character. Therefore, to begin to understand the place of the innominate contracts in Roman Law, it is necessary briefly to consider the nature and extent of their named cousins. The Real Contracts according to Justinian consisted of: Mutuum essentially a loan but with the expectation that the item in question would be consumed and therefore repayment would be by means of an equivalent item or its value; Commodatum a loan for use only; Depositum a loan for safekeeping but not for use; and Pignus the provision of security by the transfer of possession of an item. The Consensual Contracts are more familiar in character to the modern lawyer and consist of: Emptio Venditio the traditional contract of sale requiring certain specific elements the thing, the price and consent; Locatio Conduction this is frequently translated as à ¢Ã¢â€š ¬Ã…“hireà ¢Ã¢â€š ¬Ã‚  but covered contracts as diverse as a lease of land and a contract of employment; Societas this is the familiar contract of partnership whereby individuals agree to co-operate together for a common purpose but could have a wider application such as an agreement to contribute to the costs of a journey; and Mandatum this was an unusual species of contract in which one party agreed gratuitously to perform services for another; the absence of the traditional elements of bargain and consideration underlines the ability of Roman Law to characterise as a contract an arrangement which would not fall within any definition provided by a unified code of contract. That said, the early law recognised the existence of the contracts verbis and literis whose essential character is evident from their names. It is the above system of classification which leaves room for other types of contract which do not conform with the requirements of any of the above classes. It might be said that Roman Law, like Nature, à ¢Ã¢â€š ¬Ã…“abhors a vacuumà ¢Ã¢â€š ¬Ã‚  and this gave rise to the evolution of the innominate contracts. The four principal innominate contracts are those which have attracted the attention of commentators because of their practical importance. They are: Transactio; Aestimatum; Permutatio; and Precarium. It should be noted that the development of these types of contract was not uniform and occurred at various stages throughout the life of Roman jurisprudence. It is generally recognised that the emergence of these forms was to remedy perceived gaps in the codified law. For example, Nicholas[1] suggests: à ¢Ã¢â€š ¬Ã…“The four real and four consensual contracts, together with the contracts verbis and literis, exhaust the Institutional list of contracts, but the list leaves gaps and uncertainties. It leaves gaps because it excludes several common types of agreement, such as exchange or any agreement which calls for the payment of a reasonable price (e.g. an agreement for the making of repairs the extent of which cannot be exactly foreseen). It leaves uncertainties because, while it may be clear that a given agreement is a contract, there is doubt as to the particular heading under which it should be placed.à ¢Ã¢â€š ¬Ã‚  This sentiment is echoed by Borkowski and du Plessis[2] : à ¢Ã¢â€š ¬Ã…“Their [innominate contractsà ¢Ã¢â€š ¬Ã¢â€ž ¢] development owes much to the fact that the number of contracts in Roman law was quite limited throughout much of Romeà ¢Ã¢â€š ¬Ã¢â€ž ¢s legal history. The need was eventually felt to give certain agreements contractual force, even though they did not constitute any of the recognised contracts, as in the case of barter (permutatio) for example.à ¢Ã¢â€š ¬Ã‚  As elsewhere in Roman Law, the development of these forms of contract was linked to the need to identify an appropriate action to enforce a right. Thus in the case of a barter, the plaintiff would previously have been required to bring a condictio to recover property which had passed into the possession of the other party or even commence an action for fraud. The deficiency of these remedies was that, if successful, they restored the parties to the position in which they would have been had the bargain not been struck and took no account of the potential adv antage to be derived from performance of the agreement. The common characteristic of innominate contracts is that they can each be said to be a species of agreement for some type of mutual service and in each instance there had been some fulfilment of the bargain by one or other party. In this respect there might be found echoes in the modern doctrine of part performance. Each of the four principal types of innominate contract will now be considered in turn. Transactio This was the compromise or informal settlement of a legal action. This should be contrasted with the formal settlement of such actions by means of stipulatio after which any express penalty contained therein could be enforced or an aggrieved party could sue on the basis of the stipulation. Difficulties arose, however, where there had been an informal compromise upon the performance of which one party had reneged. Accordingly, there developed the actio prescriptis verbis (à ¢Ã¢â€š ¬Ã…“the action of the introdu ctory wordsà ¢Ã¢â€š ¬Ã‚ ) which was a general form of action. It was through the use of this procedure that it came to be established that such agreements should be regarded as contractually enforceable provided that there had been some performance by one side. Thus it should be noted that Justinian did not create a new form of action; he simply gave recognition to principles which had already begun to evolve. The importance of the acknowledgement of this type of contract is that it introduced certainty into situations where there might previously have been none. A transactio could be entered into before judgment or even after judgment if there was some scope for uncertainty as to further developments, e.g. if the judgment was regarded as suspect for some reason or where the parties wished to limit their exposure to a further appeal. Interestingly, while Borkowski and du Plessis (Op. Cit., p.307) cite transactio as the first of the most important innominate contracts, Nicholas (Op . Cit., passim) appears to ignore its existence altogether. This underlines the fact that the innominate contracts should not be regarded as a supplement to the existing system of classification but should be seen instead as a practical means of remedying lacunae in the law on an ad hoc basis. Aestimatum This parallels the modern commercial practice of à ¢Ã¢â€š ¬Ã…“sale or returnà ¢Ã¢â€š ¬Ã‚ . A party entrusted possession of an item to another on the basis that if it were sold, the latter would account to the former for its value. This principle was developed to the extent that the remedy would not simply be available in the event of a sale and lack of remuneration but also in situations in which a time limit for sale or return was specified. Aestimatum is a good example of the necessary refinement of pre-existing principles. As has been seen in the discussion above, this type of joint venture might arguably be covered by the defined contract of societas but the involveme nt of issues of possession as distinct from ownership or the transfer of title renders the latter mechanism with its emphasis upon the concept of partnership clumsy. Similarly, while recourse to mutuum may seem superficially to meet the situation, the element of the ability of the bailee to return the item with impunity places it outside this formal category. Permutatio This was significant in that it elevated agreements of exchange or barter to the status of contracts. It had previously been the prevailing view that no such contract was capable of amounting to a sale. However, it should not be supposed that every such agreement became a contract. As in the case of the other innominate contracts, there was a strong emphasis upon some element of part performance with a requirement that some money must change hands as an integral part of the agreement. The advantage of recognising this type of arrangement as a contract lay in the fact that it became a duty to pass ownership. A s a result, a transferee could sue in respect of any defect in title before the rightful owner began to enforce his rights. It may be observed that this represented a late recognition of this type of contract and the culmination of a classic dispute between the Sabinians (see Nicholas, Op. Cit., p.174) and the Proculians with the former asserting barter as contract and the latter suggesting that unless the price were in money it would be impossible to distinguish buyer from seller and determine the duties and obligations of the respective parties. Thus the insistence of the money element in permutatio may be regarded as a form of compromise between these classically conflicting views. Precarium This has its nearest parallel in the modern law in the formula of the tenancy at will. Precarium consisted of the gratuitous grant of the enjoyment of land or chattels. However, the comparison is not exact because there will generally be some form of consideration however nominal for a tenancy at will. This is a useful example of the means by which innominate contracts came into being. It was Justinian who allowed the use of the actio prescriptis verbis (discussed above) in respect of this type of agreement thus paving the way for its inclusion in the category of contracts, albeit innominate. It should be carefully noted that the four examples given above are regarded as prime specimens of innominate contracts but the list is neither exhaustive or closed. Nicholas[3] observes: à ¢Ã¢â€š ¬Ã…“The more important types [of innominate contract] in fact have names such as permutatio (exchange) and aestimatum, but this must not be allowed to obscure the significance of innominate contracts, which lies precisely in the generality of the principle which they represent. For this principle goes a long way towards filling the gaps and resolving the uncertainties left by the system of typical contracts.à ¢Ã¢â€š ¬Ã‚  In conclusion it is submitted that this repres ents a concise and cogent commentary upon the importance of innominate contracts. The rigid classification of contracts into particular types gave rise to a situation in which a perfectly valid agreement which ought to have been capable of being enforced through the mechanism of the law could fail merely by dint of the fact that an appropriate à ¢Ã¢â€š ¬Ã…“labelà ¢Ã¢â€š ¬Ã‚  had not been attached to meet the situation in question. The value of Justinianà ¢Ã¢â€š ¬Ã¢â€ž ¢s recognition of such further categories albeit remaining without name is to remedy this deficiency. It may be argued, however, that if Roman Law were to have developed a unified and generally applicable theory which allowed the identification of any agreement as a contract, such remedial work might not have been necessary. Bibliography Borkowski, A. du Plessis, P., Textbook on Roman Law, (3rd Ed., 2005) Nicholas, B., An Introduction to Roman Law, (1975) Stein, P., Roman Law in European History, ( 1999) Institutes of Justinian, www.members-aol.com/hsauertieg/institutes Footnotes [1] Nicholas, B., An Introduction to Roman Law, (1975), p. 189 [2] Borkowski, A. du Plessis, P., Textbook on Roman Law (3rd Ed., 2005), p.307 [3] Op. Cit., p.191