Contract Portfolio

Contract Portfolio

Agreement

A contract is an agreement between two or more parties which is enforceable by law. The agreement aspect in a contract is the most important element that is considered while ascertaining the validity of that contract because without an agreement there is no meeting of minds and thus no common purpose with respect to the parties. An agreement in a contract is constituted by two salient elements; an offer and acceptance.

Offer

An offer is an unequivocal manifestation of a party’s intention to contract. It ought to be clear and the offeror must intend to be bound by their words.[1]This statement of offer may be directed to a person, a group or even the whole world as was the case in Carlil v Carbolic Smoke Ball Company[2] in which an advertisement in the newspaper was held to have been directed to the whole world. With respect to the client’s position, the advertisement for sale of the side board cannot be taken to constitute a valid offer because it was ambiguous and there was no mention of a precise price of the furniture.

Instead, this was an invitation to treat. While an offer is always met by an acceptance, an invitation to treat only intends to prompt or attract a person to make an offer. For example, the passing of a vehicle lures one to stop it and by stopping it he makes an offer. So in essence, it was Miss Liam Mills who offered to buy the furniture at first. This offer was however met by a conditional acceptance in which Miss Lola named her price which the offeror was still not comfortable with. At this point, no valid contract existed. The fifth e-mail can be said to be another offer from Liam intending to buy at £350, the first having been rejected. The final expression of intent to buy at £400 was still an improved offer. Considering these facts, no valid contract subsisted and so the client was under no obligation to sell the furniture to Liam Mills.

Acceptance

The second element of an offer is acceptance. An acceptance is the unconditional assent to the offer by the offeree. It also has to reflect an intention to be bound by the terms of the offer. Another aspect of an acceptance is that it must be made with respect to all terms in the offer. The acceptance may be made either by conduct or directly communicated to the offeror. What culminates in a binding contract is the fact that the acceptance has been communicated to the offeror or that the offeror has enough reason to believe that the offeree has accepted his offer.[3]

Failure to respond to an offer cannot constitute an acceptance. With respect to the case at hand, most of Liam’s offers were met with silence and therefore she cannot purport to say that any of her offers was accepted.

Regarding the client’s intention to have her offers accepted or replied to by post, It would not be prudent for her to use this model. In the case of Adams v Lindsell[4], it was held that an offer is deemed to be accepted once the offeree has posted the acceptance letter unless if in the original offer explicitly prohibited that mode of acceptance. This would then be prejudicial to Miss Lola because whether the posted letter reaches her or not is immaterial. The contract is still in force.

Consideration

The general rule is that a promise cannot be binding if it is not accompanied by consideration. Consideration is the benefit accrued or detriment suffered in a contractual situation. In most cases the detriment is to the promise and the benefit accrues to the promissor.[5] This then implies that a gratuitous promise does not amount to a valid contract. The fundamental rules surrounding consideration as a contractual principle are illustrated below.

The basic principle that is applicable to the circumstances of Lola Styne is that consideration must be sufficient but need not be adequate as was manifested in the case of Chappell & Co Ltd v Nestle Co Ltd[6]. The import of this principle implies that consideration need not be of economical equivalence with the goods which are the subject matter of the contract. Courts are not generally concerned with whether adequate value was given. This is because of the doctrine of freedom of contract and in that case the courts are reluctant to encroach in the specific terms of the agreement. In the case of Thomas v Thomas,[7] the court distinguished between motive and consideration and reaffirmed the position that it cannot at any point investigate the sufficiency of consideration.

Therefore, according to the facts presented by the client, the amount of £200 would be enough consideration in the eyes of the court to sustain the contract. Since there was a bargain and the two parties mutually agreed on the price, she cannot pull out of it.

The only avenue that she may use to escape this obligation will be to claim that the mention of the initial price was an innocent misrepresentation and that she instead meant £2000. This is governed by the Misrepresentations Act.[8] This was fully canvassed in the case of Hedley Byrne Co Ltd v Heller & Partners Ltd.[9] Though, if her claim goes through, she may be required to pay damages to the other party.

On the second issue, performance of an existing contractual duty cannot be taken to be consideration that is worth the other party making additional payments. In the case of Stilk v Myrick,[10] the reduction of the number of seamen was not enough to entitle the voyage man to successfully claim for more pay due to increased work. It was underscored that performance of an existing duty is not consideration.

Intention to Create Legal Relations

Any agreement is not binding unless if it can be established that the parties intended to enter into a relationship which is legally binding.[11] For ordinary commercial transactions, it is always presumed that the intention to create a legal relationship exists. In that case, the burden of proving otherwise lies on the person disputing that that intention ever existed.[12] The decision rendered in Edwards v Skyways[13] is a clear demonstration that Coopers Ltd is obliged to prove why the order form would not be legally binding document. Filling of the order form constituted an acceptance to the offer by the company and in that case the contract is still in force.

When it comes to social agreements, this is where the problem lies because most of them always lack the intention to create a legally binding relationship.[14] These are mostly agreements between husband and wife or between a parent and child. The agreement between Lola and Lilly[15] cannot at any point be taken to create a legal relationship. In Balfour v Balfour,[16] a wife and husband entered into an agreement that the husband who was travelling abroad to work would be sending £30 per week while away. Upon default of the husband the wife tried severally to enforce this agreement but she was unsuccessful because of the intention.

Terms of a Contract

There are two types of terms of a contract. These are the express terms and implied terms.

Express Terms of a contract.

Express terms are the ones which the parties themselves set out in the contract. These terms may either be written or unwritten unless the statute expressly stipulates the form they have to take.[17] They may also be made by way of reference in the case of standard form contracts or they may otherwise be negotiated by the contracting parties.

Courts interpret express terms objectively laying aside what a party really meant while suggesting the term and what the other party may have understood the term to mean. An objective standard in this case is the standard of a reasonable term. This construction factors in a range of circumstances including the real words used by the parties, custom and usage of certain terms, and also the terms of the contract have to be read alongside the existing circumstances at the time of making the contract. The parole evidence rule is also applicable to a large extent because it does not allow for admitting of evidence basing on extrinsic circumstances to vary the express terms of a contract.  But this rule applies strictly to the existence of the terms in the contract and does not govern evidence that may be tendered to challenge the validity of the contract.

Implied Terms of a contract

Terms may be implied in a contract either as intended by the parties or by statute.

Terms implied in fact.

These are not expressly provided for in the contract but it is implied that the parties intended to incorporate them. The test of ascertaining these terms is two pronged.  ‘First is the officious bystander’ test which anticipates that a term which is deemed to be so obvious may be left out by the parties. This was evident in the case of Shirlaw v Southern Foundries.[18] The second test is the ‘business efficacy’ test under which there are perceived a set of terms without which the contract would have been impracticable to perform without invoking them.[19] As an example contracts entered into for use of a wharf, it was only reasonable that the ship to lie at the wharf.

Terms implied by Statute

Whether parties wanted to include them in their contract or not is irrelevant. These terms are binding to the parties by operation of the law and are contained in statute. An example of this is the application of the implied terms in the Sale of Goods Act.[20] These include sections 12 to 15 which stipulate various conditions and warranties that parties have to conform to in order for the contract to be valid. These terms touch on quality of goods, sale by sample and right to quite possession.

The nature of the contractual relationship also determines whether the contract may be governed by certain implied terms. This majorly points to professional relationships. That an advocate has additional obligations in a contract imposed on him by the Advocates Act which may not even be known to his client.

Terms implied by custom or usage

The court may admit evidence relating to a certain custom that governs that trade only to supplement but not to vary the already terms agreed upon by the parties.

Restraint of Trade

Restraints used to be prima facie valid if they were supported by adequate consideration and they were not general. But in current practice, restraints are prima facie void and the only justification for them would be that the y are reasonable and do not contravene public interest.

It is no longer a requirement that a restraint must not be general. This was evidenced in the case of  Nordenfelt v Maxim Nordenfelt Guns and Amunitions[21] in which a sale agreement of an armament business restricted the seller not to carry out the business any more, anywhere for 25 years. The court held this covenant to be valid even though it prohibited competition from anywhere in the world.

Lola’s intention to restrain her employees from working 100 miles within that area for two years is valid in law and cannot be challenged successfully. For a restraint in trade to be valid, the following elements must be satisfied.

Interest

The party imposing a restraint must have an interest it is dearly protecting. Such interests include confidential trade secrets which an employee may be privy to, probability that an employee may solicit for the employer’s customers after they part and also goodwill of a business. In the case of Eastham v Newcastle United Football Club,[22] the defendant club could not establish any interest that would warrant a player seeking consent from both clubs before signing for another club.  So in this case, Lola has a legitimate interest she is protecting and she should go ahead to insert the claim.

Reasonableness

The restraint imposed must always have an equivalent scope to the interest it is trying to protect. For example, a covenant restricting working in an area can only be valid if the stipulated area is not beyond the area of operation of the business as was addressed in the case of Mason v Provident Clothing and Supply Co.[23] This can be contrasted with Fitch v Dewes[24] in which a restraint on a solicitor’s clerk not to work for another law firm during his lifetime was held to be valid. For Lola’s situation, a restraint for 2 years is clearly reasonable and equally justifiable.

Public Interest

It is also a settled rule that a restraint must not be prejudicial to the public as to jeopardize subsequent relationships in the society.[25] The burden of proving reasonableness of that term lies on the person relying on that statement.

Duress

Duress is one of the vitiating factors of any contract. A contract made through inducement of force or illegitimate pressure where one party is under coercion is generally invalid. Duress may take several forms.

Economic Duress

Illegitimate economic pressure which leads to the pressured party consenting to the contract also amounts to duress. This position was adopted in the case of D & C Builders v Rees[26] in which a creditor’s undertaking to accept part payment as full payment was made under duress.

From the facts provided, Gills LLP attempted to use the financial situation of Lola to blackmail her into accepting to sell at a reduced price. A contract made under duress is voidable and the right to rescind such a contract is highly dependent on such factors as third party rights, reasonability of time and impossibility of the offensive party making a counter restitution.[27]

According to the decision entered in the case of DSDN Subsea Ltd v Petroleum Geo Services ASA,[28] there are so many elements that would illegitimate the actions of the partnership. First, their call to lower the price is not in good faith and there is an ulterior motive attached to it. If Miss Lola does not have any practical alternative to selling the item, she can go ahead to sell it, having protested a little bit and later on rescind then rely on illegitimate pressure successfully.

Performance

Impossibility to perform a contract may lead to discharge of the parties under the obligation. This is called frustration of a contract.[29] Lola is in a difficult position because she may not be able to finish supplying all the ten refurbished wardrobes due to the Christmas period.

However, the current situation Lola is facing right now should not be a great worry to her. This is because partial performance of a contract is also acceptable in law. She can sustain a claim under the doctrine of quantum meruit for the five wardrobes she will deliver. In the case of Sumpter v Hedges,[30] the judge acknowledged that the plaintiff had an option of suggesting to the defendant that they should only factor in the amount of work done and quantify the cost for payment.

Breach

A party occasions a breach of contract if they fail to perform their part of the obligation or performs inadequately or they are altogether incapacitated to perform that part. But still it is acceptable that failure to perform a contract owing to supervening circumstances which may discharge the contract in accordance with the doctrine of frustration.[31]

A breach of a contract may either lead to repudiation of the contract or seeking of damages by the aggrieved party. The applicability of these two options solely depends on the terms which have been breached. In case of breach of a condition which goes to the root of performance of the contract, then the offended party is at liberty to repudiate or terminate the contract altogether. On the other hand, if the breached term is a warrant antecedent to the performance of the contract, then the only remedy available to the aggrieved party is damages.[32]

TABLE OF CASES

v  Adams v Lindsell (1818) 1 B & Ald 681

v  Balfour v Balfour [1809] EWHC KB J58

v  Carlil v Carbolic Smoke Ball Company [1893] 2 QB 256

v  Chappell & Co Ltd v Nestle Co Ltd

v  D&C Builders v Rees [1965] EWCA Civ 3

v  DSDN Subsea Ltd v Petrolum Geo Services ASA [2000] BLR 530

v  Eastham v Newcastle United Football Club [1964] Ch. 413

v  Edwards v Skyways Ltd [1964] 1 WLR 384

v  Fitch v Dewes [1921] AC 158

v  Mason v Provident Clothing and Supply Co [1914] AC 245

v  Nordenfelt v Maxim Nordenfelt Guns and Amunitions [1894] AC 595

v  Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206

v  Stilk v Myrick [1964] AC 465

v  Stover v Manchester City Council [1974] 1 WLR 1403.

v  Sumpter v Hedges [1898] 1 Q.B. 673

v  Thomas v Thomas (1842) 2 Q.B. 851, 114 E.R. 330.

TABLE OF STATUTES

v  Advocates Code of Conduct

v  The Misrepresentations Act 1967

v  The Sale of Goods Act 1979

REFERENCES

v  Austen-Baker, R. (2011). Implied Terms in English Contract Law. Cheltenham: Edward Elgar Pub.

v  Bar, C., Drobnig, U., & Alpa, G. (2004). The interaction of contract law and tort and property law in Europe: A comparative study. München: Sellier.

v  Chen-Wishart, M. (2012). Contract law. Oxford: Auckland

v  Chitty, J., & Beale, H. G. (2012). Chitty on contracts: Vol. 1. London: Sweet & Maxwell.

v  Di Matteo, L. A. (2013). Commercial contract law: Transatlantic perspectives.

v  Marsh, P. D. V. (1994). Comparative contract law: England, France, Germany. Aldershot u.a: Gower.

v  McKendrick, E. (2010). Contract law: Text, cases, and materials. Oxford: Oxford University Press.

v  McKendrick, E. (2014). Contract law: Text, cases, and materials.

v  Meena, R. L. (2008). Textbook on law of contract. Delhi: Universal Law Pub. Co.

v  Stone, R. (2003). Contract law. London: Cavendish.

v  Whincup, M. H. (2006). Contract law and practice: The English system, with Scottish, Commonwealth, and Continental comparisons. Alphen den Rijn: Kluwer Law International.

                                                                                                     

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[1] Stover v Manchester City Council [1974] 1 WLR 1403.

[2] [1893] 2 QB 256

[3] Chen-Wishart M (2002) Contract Law

[4] (1818) 1 B & Ald 681

[5] Di Matteo (2013) Commercial Contract Law: Transatlantic perspectives

[6] [1960] AC 87

[7] (1842) 2 Q.B. 851, 114 E.R. 330.

[8] 1967

[9] [1964] AC 465

[10] [1809] EWHC KB J58

[11] Stone (2003) Contract Law

[12] Edwards v Skyways Ltd [1964] 1 WLR 384

[13] [1964] 1 WLR 349

[14] McKendrick (2014) Contract law: Text, cases, and materials

[15] Mother and daughter

[17] For instance the Law of Property (Miscellaneous Provisions) Act 1989 provides that all contracts relating to land must be in writing.

[18] (1926) Ltd [1939] 2 KB 206, 227 per MacKinnon LJ.

[19] Basic Principles of English Contract Law, by Advocates for International Development.

[20] 1979

[21] [1894] AC 595

[22] [1964] Ch. 413

[23] [1914] AC 245

[24] [1921] AC 158

[25] Chitty & Beale (2012) Chitty on Contracts

[26] [1965] EWCA Civ 3

[27] Meena (2008) Textbook on law of contract

[28] [2000] BLR 530

[29] Austen-Baker (2011). Implied Terms in English Contract Law

[30] [1898] 1 Q.B. 673

[31] Whincup (2006) Contract law and practice: The English system, with Scottish, Commonwealth, and Continental comparisons

[32] Marsh (1994). Comparative contract law: England, France, Germany.

The Leadership style of Mohammed Ali Jinnah

The Leadership Style of Mohammed Ali Jinnah

Introduction

Mohammed Ali Jinnah is one of the very few leaders who managed to successfully change the course of history, occasioned the formation of a state and also altered the map of the world. The contributions he made during his lifetime are the ones which laid the foundation of the state of Pakistan. His life was surrounded by nefarious ordeals all through, yet he stood against all odds to become one of the most charismatic leaders the world has ever had. This paper intends to analyze the leadership style exhibited by this great leader and further invoke leadership theories to criticize a few aspects of his political career.

A Brief Biography of Mohammed Ali Jinnah

General Background

The original name of Jinnah was Mahomedali Jinnahbhai. He was born in 1876 at a place called Sindh in Pakistan. His father was a successful Gujarati merchant in that region and that means that Jinnah’s early life was relatively comfortable. He was a second child in a family of seven and the entire family was Shia Islams even though Jinnah later subscribed to the teachings of Twelver Islam (Wolpert 2005).

Having cleared his high school education he was offered an apprenticeship opportunity by his father’s business comrade, Sir Fredrick Leigh Croft, who took him to England to work in his firm. However, upon reaching England, he changed his mind and joined law school using the upkeep money that his father had passed onto him. It is during this period at the Lincoln’s inn that he changed his name to Mohammad Ali Jinnah. He was always a diligent student and this earned him apprenticeship opportunities from some of the most renowned lawyers back then. At twenty years only, he began his private practice in Bombay where he served as the first Muslim Lawyer in the city. His career in the legal profession shone brighter day by day. He was turning into an accomplished lawyer. In fact, when he was offered a job to be a magistrate at 1500 Rupees per month, he declined the offer claiming that he was eyeing earning the same amount in a day.

Political Career

Owing to the developments which occurred in 1857 where many Indians started revolting against the British rule, the British leaders sought to calm down the situation by enhancing measures of democracy in the cub continent and thus, the Indian National Congress was founded in 1885. In light of these most pioneer leaders to sit in the congress were Indians who had schooled in Britain and they were content with these little democratic developments. On their part, Muslims were not satisfied with this approach of democracy because in any event, they were the minority and so, they had little say in a democratic set up.

Jinnah’s first political step was his attendance in the 20^th National Congress where he took a moderate position of embracing Muslim-Hindu Unity His pragmatic approach to these issues earned him the position of representative of the League, a faction which was heralded as the Muslim leadership and he was tasked with voicing the interests of the Muslims. His endeavors were in a great way hit by several impediments, such that Lord Minto, the then viceroy of India, refused to acknowledge the League and thus the latter had little influence while the partition of Bengal was repealed by the Congress. Even though he never advocated for separate electorates for Muslims, Jinnah was nonetheless elected to be the Bombay Muslim representative in since the slots in the congress had expanded to 60. His biggest contribution in the congress by this time was the championing for introduction of the Wakf Validation Act, which was envisioned to place Muslims at the same pedestal as Indians in matters of probate under the British Indian Law.

Jinnah did everything possible to have India gain freedom. During World War 1 he supported the British War camp thinking that by doing this, the British will in return grant independence to India.  When the first initiative failed, he, alongside other moderates founded the All India Home Rule League in 1916, a tool which was later employed to fight for Home rule and independence. In 1919, there was heightened friction between the British and Indians especially after civil liberties were restricted. There also followed a massacre which prompted calls by Gandhi, another respected leader to call for nonviolent noncooperation with the British. In the congress, Jinnah was shouted down while opposing this move, just before the resolution was passed. Owing to this, Jinnah resigned from the congress and only remained as the president of the Muslim League. At this time, Gandhi had gained more public confidence than Jinnah even among the Muslims.

He later formed another political party, the swaraj party to rival the congress. During this period, he turned down the offer of knighthood by Lord Reading claiming that he just wanted to remain that simple Jinnah. The first time he declared outright opposition to the British rule was when the British appointed an exclusively white commission without any Indian delegation in the cabinet. What strangely happened next was that he left for England where he stayed for around four years. While in England, he started having lung ailments.

During this sabbatical he was begged by many Muslims, who had elected him while he was away, to go back and provide leadership to the headless League. He returned eventually and reinforced the membership of the league by allowing for as many people as possible to join it. The developments in India completely changed his perception about independence. He had discovered his roots and so he opted to partition as opposed to self-government. His efforts led to the passing of the Lahore Resolution which embodied a position that Muslim Provinces in India had to be merged to form the state of Pakistan and also that Muslim minorities in other provinces were entitled to protection. This was called ‘Two Nation Theory.’ He was a tough negotiator and in 1948, while India gained independence, a new state was formed; Pakistan (Wolpert 2005).

As one of the ideals that Jinnah insisted on in his first day as governor general, was the notion that every person had to be free to worship as they wanted and that what was important was the national spirit of the Pakistani people. He walked through the villages in the provinces to save the situation after ethnic violence had marred the process of formation of a new state. He also advocated for equitable partition of wealth between India and Pakistan. Also, most of the staff were not willing to work in Pakistan thus leading to a shocking deficit of workers in the new state. This turned out to be the most difficult period in the history of Pakistan.

It has to be underscored that Jinnah was a selfless leader who despite having lung complications, he soldiered on with his ideals until he achieved his goal and his legacy has remained to be the Pakistani nation. He eventually died just a year after Pakistan got independent.

Analysis of Jinnah’s Leadership style

Power and Charisma

Just as many other charismatic leaders, he emerged from a vulnerable population; the Muslim community which was a minority in India. He used his expertise and zeal in defiance of all odds to protect his constituency and religion from all sorts of oppression by the central government. From his efforts, he protected his community by first embracing dialogue with other factions but when this measure was no longer feasible, he sought to fully liberate them.

Jinnah had several forces of negative inertia to fight with during his political career. His inception in politics was welcomed by an inactive Muslim League. This was gradually converted in positive inertia because, when the Muslims started having a political direction, they were divided in mind and never cherished the Muslim League to a greater extent. This imposed a great task on Jinnah but he successfully managed to unify their perception about a new state and this was evidenced in the last elections held in the greater India where all Muslim provinces voted in Unison and elected Muslim leaders robbing the National Council of four seats.

He was an outstanding leader who derived his drive from charismatic authority. The people believed in his exceptional legal skills and leadership skills too. Even though there was a time when even the Muslims were more inclined to following Gandhi, they restored the confidence in him when they begged him to come back to India from England since they felt that the Muslim League lacked leadership. It is also important to note that Jinnah never held a very powerful position such that he would exercise coercion over the people. It is just that they believed in his ideology.

When it comes to power, what really attracted people to Jinnah as their leader was his expertise as a lawyer and articulate speaker who could dearly represent their interests. He also enjoyed referent power (Jaffrelet 2004) since he was just liked by many people because of his straightforward attitude and the fact that he never minced his words. In light of this, he was elected to be the Muslim representative of Bombay while he was absent in England. Only later in his political career did he enjoy legitimate power (Waheed 1976) having been elected President of the Muslim League because now people followed his decisions because he was their elected leader. It can also be argued that in his last days, he also enjoyed information power (Conger 1989), having championed the founding of a newspaper which exclusively propagated the Muslim ideology.  

The strength of Mohammed Ali Jinnah was predicated on the mutual trust that existed between him and the people. Since they shared a common interest; safeguarding interests of Muslims, this further cemented the relationship and made it easy for him to convince the people. His power was personal and not necessarily conferred by any authority. His ability to invoke logic at all times was also a plus because it made people to like him more.

What makes Jinnah one of the world’s greatest leaders is his ability to offer sober leadership during many times of crisis. With the British leaving India and Pakistan Seceding from India, the new nation faced lots of challenges starting with lack of staff and also lack of resources and wealth (Wolpert 2005). Agricultural production was dwindling and the ill leader traversed all the regions trying to provide solutions to the problems that engulfed Pakistan.

The most outstanding feature in the life of Jinnah was his charismatic leadership. This is because he always had a vision of breaking away from the chains of bureaucracy and delivering Muslims from the oppressive regime that existed in India. He always looked at the future and this was manifested even as he was still fighting for the independence of India. Also, he hoped for a progressive nation which was free from discrimination and religious zealotry. He banked his endeavors on the hearts of the people. Such that he sought to popularize his course by going to the people and reducing the subscription fee to join the party. By valuing the people, this makes him also a charismatic leader (Kamra 2002).

Despite all the unrest and infighting between Muslims and Hindus, Jinnah’s ambition was to focus on the greatest national cause, which by then was fighting for independence. This ideology never undermined his assuming of the position of president of the Muslim League. While holding this position, he secured the signing of a Lucknow pact which aimed at placing quotas on leadership positions between Muslims and Hindus to ensure fairness in sharing elective positions within the provinces. Even though this pact was never enforced, it was a good gesture for the unity.

On top of the above, he also believed that the situation that bedeviled his people would be easily controlled. In fact, at first he believed that Muslims would have their rights secured even in a unified India. Another element of charismatic leadership with respect to Jinnah, is self-sacrifice (Walton 1958). He had a disastrous social life. Only politics and legal practice took his free time. He turned a blind eye on his illness and selflessly served the Muslim community. He only envisioned the wellbeing of his people.

Criticism of his political Career

In as much as Jinnah’s leadership style is more inclined to being charismatic, it can equally be argued that he was also a pragmatic leader because the events that happened at that time are the ones which greatly influenced his stance (Quraishis 1994). At first, he never advocated for disintegration of the territory of India. But something must have changed for him to change his mind. Many scholars argue that the introduction of Gandhi in Indian politics sidelined him from Indian politics and thus he had to take refuge in the Muslim faction. Additionally, He also drew from positive experiences (Burke & Quraishis 2003) like most pragmatic leaders do.

Also, it is not always that he believed in the controllability of the outcomes of his efforts. He was willing to take a compromise. It is just that he put negotiations first. For instance, many of his proposals about how Muslims were to be treated were turned down and he still soldiered on. His other tool which he invoked often was rational thinking and making proposals which were feasible. This also constitutes his pragmatic approach.

Conclusion

Having critically analyzed the political life of Mohammed Ali Jinnah, it emerges that there are more of charismatic qualities that manifest themselves than pragmatic characteristics (McDonough 1970). I can easily conclude that he was a leader who selflessly offered his life in service of the people. He had a vision in mind which he worked so hard to achieve it. These two, as discussed in this paper, are the overarching features (Dogon 2012) that have always been exhibited by charismatic leaders.

REFERENCES

v  WOLPERT, S. A. (2005). Jinnah of Pakistan. New Delhi, Oxford University Press.

v  HANEY, B., SIRBASKU, J., & MCCANN, D. (2010). Leadership charisma. Waco, Texas, S & H Publishing Company

v  STUTJE, J. W. (2012). Charismatic leadership and social movements: the revolutionary power of ordinary men and women. New York, Berghahn Books.

v  HAYAT, S. (2007). The charismatic leader: Quaid-i-Azam M.A. Jinnah and the creation of Pakistan. Oxford, Oxford University Press.

v  CONGER, J. A. (1989). The charismatic leader: behind the mystique of exceptional leadership. San Francisco, Jossey-Bass Publishers

v  DOGON, N. (2012). Pragmatic liberal approach to world order: the scholarship of Inis L. Claude, Jr. Lanham, Md, University Press of America, Inc.

v  SISSON, R., & ROSE, L. E. (1990). War and secession: Pakistan, India, and the creation of Bangladesh. Berkeley, University of California Press.

v  JAFFRELOT, C. (2004). A history of Pakistan and its origins. London, Anthem.

v  KAMRA, S. (2002). Bearing witness: partition, independence, end of the Raj. Calgary, Univ. of Calgary Press.

v  BURKE, S. M., & QURAISHI, S. A.-D. (2003). Quaid-i-Azam Mohammad Ali Jinnah: his personality and his politics. Oxford, Oxford University Press.

v  MCDONOUGH, S. (1970). Mohammed Ali Jinnah: maker of modern Pakistan. Lexington, Mass, D.C. Heath.

v  WALTON, J. (1958). Quaid-i-Azam, the story of Mohammed Ali Jinnah. [London], Pakistan Branch.

v  QURAISHIS (COMP). (1994). Quaid-i-Azam Muhammad Ali Jinnah: a bibliography of reviews. Lahore, Sang-e-Meel.

v  WAHEED-UZ-ZAMAN. (1976). Quaid-i-Azam Mohammed Ali Jinnah: myth and reality. Islamabad, National Committee for the Birth Centenary Celebrations of Quaid-i-Azam Mohammad Ali Jinnah, Ministry of Education.

v  KELLERMAN, B. (2010). Leadership essential selections on power, authority, and influence. [New York], McGraw-Hill. http://site.ebrary.com/id/10424703.