The Offer Contract Agreement - Free Essay Example

Sample details Pages: 8 Words: 2495 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Tags: Contract Law Essay Did you like this example? Offer Contract Agreement Peter acquired a Degas painting. On 2nd May, he sent a telex message to Manjit that he was prepared to sell the Degas painting to her for  £240,000, but that he must receive an answer within seven days. Manjit replied immediately by telex, stating that she was willing and that she would pay for it in monthly instalments of  £20,000 each. On 3rd May, Manjit received a telephone message from Peter that he would prefer six monthly payments of  £40,000 for the painting. Don’t waste time! Our writers will create an original "The Offer Contract Agreement" essay for you Create order The following day, Manjit sent a letter to Peter which stated, I agree to pay monthly payments. Please arrange for the delivery of the painting on 10th May. Unfortunately, her letter reached Peter on 12th May. On 11th May, in response to a magazine advertisement Manjit contacted the seller Victoria over the phone and left a message on her answering machine, stating that she would buy the Van Gogh painting for  £201,000. On 15th May, both Peter and Victoria arrived at Manjits office, each claiming that she was contractually bound to buy their respective paintings. As Manjit had received a letter from her accountant that morning warning that her business was in some difficulty, she now states the she does not wish to buy either painting. Advise Manjit. In English Law in order to form a contract, the following elements have to be present: A valid offer has been proffered by the first party to the other party or parties. The offer has been accepted unchanged by the second party or parties and this has been communicated to the offeror. There is an intention by all parties to create legal relations, when they enter into the contract and the parties have the capacity to contract. The promises made within the contract are for valuable consideration. The terms of the contract are certain. An offer is defined as an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. The expression referred to in the definition can have various forms, such as a letter, newspaper, fax, email, conduct (https://en.wikipedia.org/wiki/Offer_and_acceptance), etc., and the main criterion is that it has to perforce communicate the basis on which the offeror is prepared to contract. The courts will judge the aspect of intention, referred to in the definition, objectively. In Smith v. Hughes it has been emphasized that the important thing is not a partys real intentions but how a reasonable person would view the situation (https://en.wikipedia.org/wiki/Offer_and_acceptance). This is attributable to the reason that in accordance with common sense neither party would wish to breach their side of the contract if it would make them culpable to damages. Accepta nce is a final and unqualified expression of assent to the terms of an offer (https://en.wikipedia.org/wiki/Offer_and_acceptance). A defendant cannot claim that it was never his intention to be bound by the agreement if it is established during trial that his action served to communicate to the other party or parties that he had in fact agreed. Assent may be exhibited in a variety of ways and one of them is by the signing of a contract or it might consist of a promise to pay someone if the latter performs certain acts and may be accepted by the requested conduct instead of a promise to do the act. The performance of the requested act confirms that the party has agreed to the terms of the offer. What is required, without fail, is that there should be evidence that each of the parties had, from an objective perspective, engaged in conduct manifesting their assent. This requirement of an objective perspective gains importance in cases where one of the parties claims that an offer had not been accepted and thereby takes advantage of the performance of the other party. In such instances the test of whether a reasonable bystander would have perceived that the party has impliedly accepted the offer by conduct is relevant. The rules of acceptance are: The acceptance must be communicated, this implies that depending on the construction of the contract, the acceptance may not have to come until the notification of the performance of the conditions in the offer, in as in Carlill v. Carbolic Smoke Ball Company (https://en.wikipedia.org/wiki/Offer_and_acceptance), where the defendants, the proprietors of a medical preparation called the carbolic smoke ball, issued an advertisement to the public, in which they offered to pay  £ 100 to any person who contracted influenza after having used one of these smoke balls in a manner specified by them and for a specified period. However, it is important to note that this offer was unilateral or open to the whole world to accept. In the absence of such an unilateral offer advertisements are nothing more than an invitation to treat. In Partridge v. Crittenden it was held that the offer for sale of certain wild birds, which was illegal, was deemed to be, by the High Court as an invitation to treat and not offers for sale. An offer can only be accepted by the offeree (https://en.wikipedia.org/wiki/Offer_and_acceptance). An offer is not bound if another person accepts the offer on his behalf without his authorisation (https://en.wikipedia.org/wiki/Offer_and_acceptance) . It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance (https://en.wikipedia.org/wiki/Offer_and_acceptance). If the offer specifies a method of acceptance then such acceptance must be made using a method that is no less effective than the method specified (https://en.wikipedia.org/wiki/Offer_and_acceptance). Silence cannot be construed as acceptance, as held in Felthouse v. Bindley(https://en.wikipedia.org/wiki/Offer_and_acceptance). The power of acceptance is always terminated by rejection or counter offer by the offeree, revocation by the offeror prior to acceptance, lapse of time, debt or incapacity of the offeror or offeree. In Carlill v. Carbolic Smoke Ball Company there was an advertisement that consumption of a smoke ball in the prescribed manner would protect the consumer from influenza. The plaintiff believing in this advertisement bought one of these carbolic balls and used it in the prescribed manner and for the prescribed period but nevertheless contracted influenza. The court held that the plaintiff was entitled to recover the promised amount. However, the acceptance must be communicated and before acceptance, an offer can be withdrawn. In our present problem, Peter an art dealer was in possession of a Degas Painting which he offered to sell to Manjit, another art dealer for  £ 240,000/-, with the condition that acceptance had to be communicated to him within seven days. To this Manjit replied by telex that she was willing to purchase the painting and that she would pay in monthly installments of  £20,000/-. Manjità ¢Ã¢â€š ¬Ã¢â€ž ¢s telex message cannot be considered to constitute acceptance since she had made a counter offer to Peter. From the above it is evident that legally, Manjit had made a counter offer to Peter and not an acceptance of his offer according to the provisions of the contract act. An offeror can revoke an offer before it has been accepted, but such revocation has to be communicated to the offeree. After receiving Manjità ¢Ã¢â€š ¬Ã¢â€ž ¢s counter offer, Peter again made an offer to pay for the painting by six monthly installments of  £ 40,000/- each by telephone on the 3rd of May. Manjit indicated her acceptance by a letter, which she posted to Parker on the 4th of May. The letter was correctly stamped and addressed but nevertheless it was received by Peter only on the 12th of May. An offer will remain in force until: First, its revocation by the offeror any time before acceptance and such revocation is communicated to the offeree. Second, it is rejected by the offeree due to a counter offer. Third, the offer lapses due to the expiry of a stipulated time limit. Fourth, a contract condition has failed. Finally, if the offeror has expired and notice of such demise is received by the offeree. In Hyde v Wrench , Wrench offered to sell his property for  £1200 to Hyde. When Hyde rejected that offer, Wrench made a further offer to sell for  £1000. Hyde replied that he would buy the property if offered for  £950, but Wrench refused to sell for this amount. Subsequently, Hyde wrote to Wrench that he would buy this property for  £1000. The Court of Chancery held that Hyde had rejected both offers made by Wrench and that an offer, once rejected, cannot be revived. Accordingly, there was no contract in existence and consequently, the action was deemed to have failed. These facts clearly indicate that Hyde made a counter offer and also tried to accept an offer which he had previously rejected. Therefore, in accordance to the case law discussed above, an offer which was rejected in the first instance by the offeree cannot be accepted later on in order to create a legally binding contract. In our present case Peter made an offer to Manjit for selli ng the painting for a specified amount. Manjit made a counter offer in which she offered to pay by installments. Peter was not agreeable to the number of installments and accordingly, he made another in which the number of installments was reduced. Manjit accepted this offer but according to the Hyde v Wrench decision, Manjit cannot rely on the original offer since she made a counter offer subsequently, therefore there is no valid contract between Peter and Manjit. If the offeree rejects the offer, the offer has been destroyed and cannot be accepted in the future. Even otherwise, she had posted her letter of acceptance on the 4th of May, which reached Peter only on the 12th of May, in which she had made a time stipulation for the delivery of the painting by the 10th of May. However, since the letter, which was correctly stamped and addressed, was received only on the 12th of May, i.e. after the 10th of May by Peter, the contract is invalid. Consequently, Manjit is under no legal obligation to purchase the Degas painting from Peter. In respect of Victoria, on the 11th of May, Manjit saw a magazine advertisement in which Victoria had offered to sell a Renoir painting for the first offer above  £200,000. Manjit contacted Victoria over the phone and left a message on her answering machine, stating that she would buy this painting for  £201,000. The legal aspects to be considered are whether an advertisement constitutes a valid offer or not. Advertisements are termed as an invitation to treat and hence they do not constitute an offer, but only an indication of a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s willingness to negotiate a contract. In Pharmaceutical Society of Great Britain v Boots , Boots were prosecuted for selling drugs in the absence of a qualified pharmacist. The procedure was that a customer, on entering the store was given a shopping basket and this customer after having selected which medicines to purchase, would place them in thi s basket and take them to the cash desk. In the vicinity of the cash desk a registered pharmacist would be available. The statute has made it unlawful to sell any listed poison unless the sale was effected under the supervision of a registered pharmacist. The Plaintiffs allegation was that the display of goods was tantamount to an offer which could be deemed to have been accepted when the customer put these drugs in the shopping basket, therefore, if the drugs were poisons then their sale took place at an instant of time which was prior to the pharmacistà ¢Ã¢â€š ¬Ã¢â€ž ¢s intervention. The Queens Bench and the CA rejected this argument, because they held that the offer to purchase originated from the customer only when the article was placed in the shopping basket and that the defendants had the choice to accept or reject this offer. Whenever, this purchase offer was accepted it was at the cash desk, where a registered pharmacist was available. Therefore, the courts hel d that there was no breach of the Act. In Harvey v. Facey, an indication by the owner of the property that he might be interested in selling at a certain price was regarded as an invitation to treat (ITT). Similarly, in Gibson v. Manchester County Council the words à ¢Ã¢â€š ¬Ã…“may be prepared to sellà ¢Ã¢â€š ¬Ã¢â€ž ¢ were held to be a notification of price and therefore not a distinct offer. The courts have taken a consistent approach in respect of the identification of invitation to treat, as compared with offer and acceptance, in common transactions. The display of goods for sale, either in a shop window or on the shelves of a self service store, is ordinarily treated as an invitation to treat and not an offer, this was held by the judges in Fisher v. Bell. In Entores Ltd v. Miles Far East Corporation the contract was entered into when and where the acceptance was received. Lord Denning confirmed that the same principles also applied to acceptances by telephone. In resp ect of answering machines and voice mail the maximum delay for receipt of acceptance would be the next working day. Faulty hardware, lack of link paper or slipshod business practices, such as not checking the fax for days, does not stop or delay the acceptance of an offer. In our case Manjit in response to the advertisement given by Victoria for sale of the painting, placed a message in Victoriaà ¢Ã¢â€š ¬Ã¢â€ž ¢s answering machine stating that she would buy the painting for  £ 201,000/-. Victoriaà ¢Ã¢â€š ¬Ã¢â€ž ¢s magazine advertisement constitutes an invitation to treat and the message left by Manjit constitutes an offer to purchase the painting. This message was left on the answering machine by Manjit on the 11th of May. Victoria did not respond to this message but went on the 15th of May to Manjità ¢Ã¢â€š ¬Ã¢â€ž ¢s office and insisted that Manjit should purchase the painting as there was a contract between them. Since, in this case there is no acceptance by Victo ria, there is no binding contract. Therefore, Manjit need not buy the painting from Victoria. In this manner Manjit is not under any legal obligation, whatsoever, to perform these contracts as demanded by Peter and Victoria. Bibliography P.S Atiyah à ¢Ã¢â€š ¬Ã‹Å"Consideration: a restatementà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Essays on Contract, Oxford University Press, 1986. P.S Atiyah à ¢Ã¢â€š ¬Ã‹Å"An introduction to the law of contractà ¢Ã¢â€š ¬Ã¢â€ž ¢ 5th ed., Clarendon Press Oxford, 1995. H.G Beale, W.D Wishop, M.P furmston, à ¢Ã¢â€š ¬Ã‹Å"Contract: cases and materialsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 4th ed., Butterworth, 2000. M. Cope à ¢Ã¢â€š ¬Ã‹Å"Duress, undue influence and unconscientious bargainsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Monash studies in law, The law book company Ltd, 1985. E. McKendrick à ¢Ã¢â€š ¬Ã‹Å"Contract lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, 4th ed., Palgrave law masters, 2001. G.H Treitel à ¢Ã¢â€š ¬Ã‹Å"The law of contractà ¢Ã¢â€š ¬Ã¢â€ž ¢ 10th ed., Sweet and Maxwell, 1999.

Police Brutality And Police Cruelty - 1118 Words

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Edward Bloom Free Essays

Who is Edward Bloom? By: Michael Preciutti Edward Bloom is a hero. He is a man driven with optimism, cares for others and makes their lives better, and he is a man that wants only to be remembered when he passes away. It is his charming good looks and his ability to create a friendship with whomever he becomes acquainted with, which enables Edward to stay a remembered hero. We will write a custom essay sample on Edward Bloom or any similar topic only for you Order Now But what keeps him most separated from the usual person is his astounding ways in which he tells his stories. Blooms stories tell of a man filled with courage, honor, leadership, and great strength, all of which are characteristics of an epic hero. As a child he began to show signs of such characteristics when he was pressured by his friends to sneak into an old witches house to steal her glass eye. Of course, the witch took a liking to him and he found himself a new friend. Such an act most vividly displays an immense sense of courage and honor towards his word. In another scene, the young man is asked by his town to ward off of an evil creature that has destroyed several buildings. Bloom realizes thought that the creature was only a man†¦ a very large man living in a very small town. The man’s name was Karl and he found it hard to fit in as Edward points out, â€Å"Most things considered evil are just lonely. † Such leadership as Edward Bloom creates in the scene is also found throughout the rest of the film. Edward Bloom is a hero not only because he helps people like Karl, or journey’s through scary woods barefoot, or even because he was hit by a carnival ride that sent him flying three hundred feet in the air and survived without a single injury, but also because he is remembered for more than a lifetime. His stories live forever, as well as his life’s adventures. Edward Blood exemplifies what it means to be a hero. A hero is supposed to be courageous, strong, loyal, and most importantly, remembered. Edwards’s stories had been told so many times that they had allowed him to become immortal. He was a perennial figure amongst those he knew his stories. How to cite Edward Bloom, Essay examples

ERP Software and Vendor Selection

Question: Discuss about the ERP Software and Vendor Selection. Answer: Introduction The ERP system (Enterprise Resource Planning System) is defined as an integrated system for business management that comprises of all the functional departments like Human Resource, Accounting, Finance, Production, and Logistics. The application of the ERP system helps in integrating and organizing the information flow and operational process of an organization. Shukla et al., (2016, p.144) Illustrated that the application of the ERP system in a business organization helps in optimizing the use of various resources including machine, money, material and men. On the other hand, Kilic, Zaim, and Delen, (2015, p.2341) defined the ERP system as an application with an integrated database that allows customization for developing queries. The ERP system is a module that can be customized according to the requirements of the business and processes. Huang, and Handfield, (2015, p.24) cited that whenever any organization decides for the implementation of the ERP system, the ongoing process imp acts the ongoing process of the organization. Depending on the requirement of the organization, a significant requirement of the organization is to select an appropriate process and vendor for the implementation of the ERP system. This particular report will focus on identifying the criteria and process for appropriate vendor selection for an organization. General Aim The aim of the report is to evaluate the appropriate criteria followed for the selection of the required ERP system for an organization. In addition to that, the report also evaluated the various relevant issues faced by the organization during the vendor selection process and identified the solution for the relevant issues. Background Of The Topic In the current competitive market, every organization is focusing on implement the ERP system for the automation and optimization of the process. The market completion enforces the organization for the optimization and improvement of the business processes for improving the effectiveness and business efficiency. The implementing process of the ERP system impacts the business process. According to Khan, and Faisal, (2015, p.601), the implementation of the ERP system is one of the complex task Al-Ghofaili, and Al-Mashari, (2014, p.138) stated that the failure of the appropriate ERP vendor has the potential of carrying risk in the business process of the organization. Efe, 2016, (p.112) claimed that in spite of having decades of experience and knowledge about the selection, implementation, and election of the ERP vendor, the projects either fails or exceed the time and budget of the organization. According to Kilic, Zaim, and Delen, (2014, p.91), the selection of wrong vendors and the acquisition of the inappropriate software has a negative effect on the organization and business procedure. Therefore, the identification of the appropriate vendor selection criteria in the implementation of the ERP system plays a critical role in the project. The evaluation of the relevant risks during the vendor selection process of ERP will allow the small and medium size companies in appropriately selecting the ERP system and its respective vendor. ERP Vender Selection The selection of the ERP system and the software is crucial as it must meet the requirements of the origination and business process. The lack and limitation in the analysis and evaluation of the business decision can lead to the business process' detrimental shift and financial loss. Oztaysi, (2014, p.51) cited that for the implementation of the ERP system, the business organization needs to select an appropriate vendor that will help in customizing the software according to the requirement of the business organization. According to Lopez, and Salmeron, (2014, p.45) evaluate the ERP software economics is essential criteria for the selection of the appropriate vendors. PeopleSoft, SAP, and Oracle have invested millions for the development of ERP software and is one of the dominant vendors in the market. Oztaysi, (2014, p.49) claimed that the selection of the ERP vendor is mostly made based on the dominance of the vendor over the market place. Apart from that, the various factors that are evaluated and assessed during the selection appropriate vendor for the ERP system. Lopez, and Salmeron, (2014, p.44) illustrated that the cost for implementation of the ERP system in an organization is comprised of the software package cost and the human resource. Furthermore, the most for the human resource is four times the cost of the software. In addition to that, implementation of the ERP system in an organization is not a onetime process and required continuous monitoring and maintenance of the system. Haddara, (2016, p.658) has defined the implementation of the ERP system as a relation between the vendor and the origination. Therefore, it is essential for the organization to be financially stable before selecting any particular vendor for ERP. According to Wang, (2015, p.29), the implementation of the ERP system includes detailed planning, evaluation, and assessment of the business process and requirement of the company. Therefore, the selection of the required software for the ERP needs to be assessed by the business operational expert. Haddara, (2014, p.401) claimed that implementing a new ERP system in an organization requires accepting the different software established by the particular ERP vendor in order to interpret the practices and processes followed in the business. Generally, in the process for ERP implementation, the business organization needs to accept the re-engineering and assumptions taken by the ERP vendors. Therefore, the organization needs to evaluate the strength and weakness of the particular vendor before implementing the system within their business procedure. In addition to that, Razi, and Tarn, (2015, p.84) claimed that it is essential for the organization to evaluate the critical business requir ed and features within the ERP system that the selected vendor could provide for the customization. Supporting the argument, Vahidi, SalooKolayi, and Yavari, (2014, p.51) cited that the systematic section of the ERP and vendor selection through proper planning and analysis results in the increase if the success likelihood of meeting the business needs. The significant aim of the business organization is to enhance the profitability of the business and minimize the cost of conducting the business. According to Zeng, Wang, and Xu, (2015, p.18), the most significant activity in the process of ERP implementation is the defining and capturing all the requirement of the organization. On the contrary, Kazemi, Saeidi, and Azizmohammadi, (2014, p.65) have shown an effective selection criteria for selecting the appropriate vendor for ERP system. The selection considers the vendors stability, history and technical support and assistance provided by the vendor during the implementation. In addition to that, Shen, Chen, and Wang, (2016, p.131) cited that the organization needs to evaluate the financial records and last year sales of the ERP vendor. Shukla et al., (2016, p.141) showed that during 1993, Cisco Systems implemented unique software packages based on UNIX for processing the transaction of an organization. During the time, Cisco System has implemented the system based on the $500 billion company (Huang, and Handfield, 2015, p.25). The rapid growth rate of 80% of the company has resulted in the reliability, redundancy, maintainability issues and system outages (Khan, and Faisal, 2015, p.487). As a result, in 1994, the Cisco has witnessed corruption in the database and meltdown of the business process that in turn resulted in the closedown of the organization for two days. Therefore, the identification and access of the all the possible risks within the organization need to be evaluated for the selection of an appropriate vendor for the ERP system. In addition, that, Poba-Nzaou et al., (2014, p.601) claimed that the selection of the appropriate vendor for the ERP system is based on various categories including cost, integration, the technology used, functionality, vendors reputation and strength. On contrast to this, Efe, (2016, p.111) cited that the organization defines the vendor selection criteria based on the requirement and business process. The selection criteria defined by the organization for the vendor selection reflects the importance of the organizations requirements. Oztaysi, (2014, p.51) have provided example stating that if any organization prioritized the technical advancement and upgradable criteria of the EPR system, the organization conducts the selection based on a two-step process. In the initial process, the organization shortlisted six to seven vendors depending on the upgrading criteria. In the second process, the organization selected the appropriate vendor on the basis of the other criteria. The final selection of the appropriate vendor for the organization is a crucial decision for an organization. Kilic, Zaim, and Delen, (2015, p.2351) claimed that the organization needs to consider the technological infrastructure and performance of the system provided by the ERP vendor. Moreover, based on the various approaches to the organization of the vendor selection process for ERP implementation considers the following criteria: Methodology: The process adopted by the vendor for implementing the ERP system. The process reflects the smooth transition of the existing system to the new system without any issues. The appropriate vendor needs to follow a detailed training to the employees for success of the ERP system; Stability: The organization assesses the financial stability or the vendor along with the market reputation for the ERP solution provided. In addition to that, the client base and the number of active years in the market helps in evaluating the stability of the ERP vendor; SLA (Service Level Agreement): The implementation of the ERP system is a continuous project based on monitoring and continuous maintenance of the ERP system. Therefore, before selecting the appropriate vendor, the business organization need evaluate and assess the service and level of the agreement provided by the ERP vendor. Professionalism: The ability of the ERP vendor in working with the customers requirement and provide demonstration and training for the products; Discussion on major issues The implementation of the ERP in any business organization fails mostly due to the improper process followed during the vendor selection and implementation (Khan, and Faisal, 2015, p.486). The significant issues related to the implementation of the ERP system in an organization includes: The commitment of the top management: The implementation of the ERP system requires the active incorporation of the top management of the organization. The ERP system does not require the change in the software system, but the transforming and repositioning the practices and procedures followed in the organization. Al-Ghofaili, and Al-Mashari, (2014, p.136) claimed that the top management of the organization does not only provide financial resources to the implementation but takes a major decision using the implementation process. The lack of management commitment during the implementation process results in the failure of the system; Reengineering: Reengineering the ERP system means modifying the system according to the business requirements ensuring the profitability and enhances the performance of the business organization. Customization of the ERP system increases the cost. In addition to that, the significant issues related to the implementation in implementing the AS-IS process followed as per the ERP module of the vendor (Kazemi, Saeidi, and Azizmohammadi, 2014, p.65). Therefore, the organization needs to select the ERP vendor offering modules related to the business procedures. ERP Consultant: The market for the ERP has witnessed the significant growth of the technology. The continuous growth resulted in the fulfillment of the requirement gap for achieving the goals of the organization. Finding the appropriate consultant with the right technological skills for maintaining the ERP. In addition to that, involving a consultant of a minimum of five years of experience in the industry result in the increase of cost up to $80,000 annually (Shen, Chen, and Wang, 2016, p. 137). Following a particular process for selecting the accurate ERP vendor will increase the efficiency in selecting ERP vendors and integrity of data within the business. In addition to that, following the appropriate steps in the vendor selection will result in the comprehending and visualizing the risk involved in the implementation. Recommendations The organization requiring the ERP implementation need to develop a trade-off criteria for selecting the appropriate vendor. According to (), the tradeoff during vendor selection process requires replacement of particular criteria with another criterion with equal or fewer values. Developing criteria for tradeoff ERP vendor differs in each organizational based on their requirements and organizational process. There exist various trades off criteria including system scalability, vanilla ERP system, customized ERP system, the functionality provided by the vendor, level of vendor involvement after implementation. The organization needs to access the business needs and or "key business drivers." The functionality of the module provided by the vendor needs to be considered as an additional criterion for the tradeoff. The business organization should always consider the services and functionality provided by the required vendor for meeting the needs and requirement of the business processes. Although there exists a trade-off during the selection and prioritizing the functional modules based on budget, time and the capabilities of the particular vendor. Moreover, the organization should consider the scalability of the vendor for meeting the business requirements while considering the organizational growth. In addition to that, the top management of the organization should take the vital decision for whether the implemented ERP system needed to be managed and monitored by the eternal employees or outsourcers. The eternal ERP team will be able to provide the accurate requirement of the business procedure but lacks the technical knowledge and experience with the ERP system. On the other hand, the external team will have the expertise of handling the ERP system but will lack the understanding of the internal processes of business. Conclusion Selection of the appropriate ERP vendor for the implementation of the new system into the business environment is quite challenging. The detailed planning and analysis of the resources within the organization. In addition to the close attention provided during the gathering of the information, vendor evaluation will allow the business organization in effective selection of the appropriate ERP vendor. Moreover, the feasibility of the ERP system on the business allows in the identification of the risks and selection of an appropriate tradeoff for selecting the ERP vendor. References Al-Ghofaili, A.A. and Al-Mashari, M.A., 2014, August. ERP system adoption traditional ERP systems vs. cloud-based ERP systems. InInnovative Computing Technology (INTECH), 2014 Fourth International Conference on(pp. 135-139). IEEE. 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