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Which of the following should be taken to avoid the conflicts between orally negotiated terms before the conclusion of contract and the final written contract?
Which of the following should be taken to avoid the conflicts between orally negotiated terms before the conclusion of contract and the final written contract?A . Finding signs of misrepresentation of the other contracting party B. Prevailing orally negotiated terms over the final written contract C. Embedding a term excluding...
In which of the following conditions, request for quotation produces the best results?
In which of the following conditions, request for quotation produces the best results?A . With an ambiguous specification B. Under framework agreements C. Under a complex process D. With strategic itemsView AnswerAnswer: B Explanation: Request for quotation has valuable function when its use is properly controlled. It works the best...
Which of the following is used to detail the complex matter that may be verbiage to the main document?
Which of the following is used to detail the complex matter that may be verbiage to the main document?A . Contract variation B. Schedule C. Subcontracting D. Standard terms and conditionsView AnswerAnswer: B Explanation: Without further explanation, a schedule may be deemed to form an integral part of the obligations...
Cleveland brought the case to the court and sought rescission of contract with Digital. Is Cleveland’s claim appropriate in this case?
Cleveland Insurance (Cleveland) offers a range of insurance services. The main software used in the call centre is a customer relationship management (CRM) system. Cleveland perceived an urgent need to replace the existing CRM system to deal with the increasing number of customers and services. Urgent Digital Ltd (Digital) is...
Which of the following are reasons why a purchaser wants to embed a subcontracting clause into the main contract? Select TWO that apply:
Which of the following are reasons why a purchaser wants to embed a subcontracting clause into the main contract? Select TWO that apply:A . To induce the conflicts between the main contractor and subcontractors B. To improve supply chain transparency C. To reduce the main contract complexity D. To keep...
Which of the following are most likely to be substantive elements of the specification of a truck? Select TWO that apply:
Which of the following are most likely to be substantive elements of the specification of a truck? Select TWO that apply:A . Guarantee B. Foreword C. Expected lifespan D. Ethics E. AbbreviationView AnswerAnswer: A,C Explanation: The key substantive elements to be included in a specification are: - Characteristics of the...
Which of the following should be included in the head contract so that Southward can sue IBM, should the need arise?
Southwark is negotiating a contract with Orchard to provide software and IT services. Orchard will manufacture and install the products which are contractually supplied by IBM. Southwark’s procurement manager is worried that during the contract there would be some problems that they would not able to claim for damages from...
Which of the following contracts would be best suited to a ‘variable pricing’ arrangement?
Which of the following contracts would be best suited to a ‘variable pricing’ arrangement?A . A contract for window cleaning during the next three months B. A contract for road building estimated to take five years to complete C. A contract for the supply of 100 printing machines to be...
Which of the following should be included in the head contract so that Southward can sue IBM, should the need arise?
Southwark is negotiating a contract with Orchard to provide software and IT services. Orchard will manufacture and install the products which are contractually supplied by IBM. Southwark’s procurement manager is worried that during the contract there would be some problems that they would not able to claim for damages from...
Which of the following will be always automatically deemed as a consideration?
Which of the following will be always automatically deemed as a consideration?A . Promise to perform over and above an existing obligation B. Promise given to a third party C. Implied consideration D. Past considerationView AnswerAnswer: A Explanation: Consideration only appears in common law countries. Below are some examples of...
