A term can never be implied, it must always be expressed by the parties

A term can never be implied, it must always be expressed by the partiesA . 1,3 and 4 only B. 1, 2 and 3 only C. 1, 2 and 4 only D. 2, 3 and 4 onlyView AnswerAnswer: B Explanation: An implied term is a term which the courts imply...

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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...

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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...

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Which of the following should be a priority approach of procurement department in developing dialogue with those suppliers about specification development?

Royal Naval Hospital at Rockstown, Anyport manages a fleet of nine ambulance vehicles. During busy periods, it becomes very difficult to keep track of the location of each ambulance (and the nature of their journey). Continual problems lead to the proposal for a new control system (ERNS). For this ERNS...

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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...

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Non-disclosure

Non-disclosureA . 3 and 4 only B. 1 and 4 only C. 1 and 2 only D. 2 and 3 onlyView AnswerAnswer: D Explanation: There are a number of ways for an offer to be terminated. They are events that may occur after an offer has been made which bring...

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Bethy sees a coat on shop window with a $100 price tag. She comes and asks the shop owner to buy it. The owner states that the price has not been updated and the current price for the coat is $120. Bethy says the owner should honour the quoted price on window shop. Is Bethy correct?

Bethy sees a coat on shop window with a $100 price tag. She comes and asks the shop owner to buy it. The owner states that the price has not been updated and the current price for the coat is $120. Bethy says the owner should honour the quoted price...

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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...

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OTIF deliveries

OTIF deliveriesA . 2 and 5 only B. 1 and 3 only C. 2 and 3 only D. 1 and 4 onlyView AnswerAnswer: B Explanation: Qualitative KPIs are based on pure opinions about how well or otherwise the goods are performing or the service is being delivered. Most often, these...

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Which of the following documents are likely to have legal standing? Select TWO that apply:

Which of the following documents are likely to have legal standing? Select TWO that apply:A . Quotation B. Request for information C. Tender D. Requisition E. EstimateView AnswerAnswer: A,C Explanation: A quotation and a tender are both firm offers which have legal standing to the offeror. Tenders are more detailed...

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