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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?
Suggested Answer: A, D
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Request for quotations is often used when the only variable is price and the purchase value is under a financial threshold. This process is less formal than ITT. RFQ should be used in the following circumstances:
- Low-value, low-risk purchases
- When the specifications are sufficiently defined or the product/service is standardised
- Where the suppliers are pre-qualified
- Where there is a framework agreement which specifies the contract terms and conditions.
LO 1, AC 1.1
32 comments · newest first
KE
Kerry
11 months ago
C makes the most sense to avoid confusion.
KA
Karina
11 months ago
A is important too, gotta watch out for misrepresentation!
MI
Mignon
12 months ago
Wait, can you really prioritize oral terms over written ones?
MA
Marjory
12 months ago
I disagree, B should be the priority.
MA
Maryln
1 year ago
C is definitely the way to go!
SH
Shanda
1 year ago
I’m a bit confused about option D. Avoiding long negotiations seems too vague. I think we need something more concrete like option C.
SH
Shawana
1 year ago
I practiced a similar question where the focus was on written contracts being the final say. I feel like option C is the right choice here too.
VA
Valentin
1 year ago
I'm not entirely sure, but I remember something about how oral terms can sometimes be considered if not excluded in writing. Maybe option B could be relevant?
LO
Loreta
1 year ago
I think option C makes sense because it clearly states that any prior oral agreements are excluded, which should help avoid conflicts.
AR
Arthur
1 year ago
I'm pretty confident that the answer is C. Embedding that kind of exclusionary term is a common way to avoid conflicts between the oral negotiations and the final written agreement.
SA
Sarina
1 year ago
Okay, I think I've got it. The answer is C - embedding a term that excludes all prior oral discussions not mentioned in the final written contract. That way, you're making it clear that the written contract takes precedence.
ST
Stevie
1 year ago
This seems like a tricky question. I'm not entirely sure, but I think the key is to look for a way to avoid conflicts between the oral negotiations and the final written contract.
AR
Aretha
1 year ago
Hmm, I'm a bit confused on this one. I know we need to be careful about the differences between what was discussed orally and what ends up in the final contract, but I'm not sure which of these options is the best approach.
YO
Yoko
1 year ago
I'd go with C. Gotta cover your bases and make sure those pesky oral negotiations don't come back to haunt you.
EL
Elly
1 year ago
That's a good point, you definitely want to protect yourself from any misunderstandings.
RO
Rochell
1 year ago
C) Embedding a term excluding all prior oral discussions that are not mentioned in the final written contract
CH
Cherelle
1 year ago
A) Finding signs of misrepresentation of the other contracting party
HE
Herschel
2 years ago
Hmm, I'm leaning towards D. Avoiding long negotiations in the first place seems like the easiest way to prevent this issue.
IL
Ilona
1 year ago
True, but I still think avoiding long negotiations is the best approach. D is my choice.
SV
Svetlana
1 year ago
But what if there are signs of misrepresentation from the other party? A seems important too.
EM
Emelda
1 year ago
I think C could also work, excluding all prior oral discussions not in the final contract.
CL
Clay
2 years ago
I agree with Garry, prevailing orally negotiated terms over the final written contract can lead to confusion.
GA
Garry
2 years ago
I disagree, I believe we should embed a term excluding all prior oral discussions.
DE
Delmy
2 years ago
I'm not sure, but I feel like B might be the right answer. Shouldn't the orally negotiated terms prevail over the written contract?
JA
Jade
1 year ago
C) Embedding a term excluding all prior oral discussions that are not mentioned in the final written contract
ST
Stephanie
1 year ago
A) Finding signs of misrepresentation of the other contracting party
DE
Dean
1 year ago
Avoiding long negotiations could also help prevent conflicts between the two sets of terms.
CO
Corrinne
2 years ago
That's true. Maybe C would help clarify things by excluding any oral discussions not in the final contract.
PE
Pedro
2 years ago
But wouldn't it be confusing to have different terms in the oral negotiation and the written contract?
LE
Leontine
2 years ago
I think A is important to avoid misrepresentation.
KR
Kris
2 years ago
I think the answer is C. Including a term that excludes all prior oral discussions not mentioned in the final written contract is the best way to avoid conflicts.
AL
Alberta
2 years ago
I think we should find signs of misrepresentation to avoid conflicts.