CIPS L4M3 Exam - Topic 9 Question 45 Discussion

Actual exam question for CIPS's L4M3 exam

Question #: 45
Topic #: 9

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?

AFinding signs of misrepresentation of the other contracting party

BPrevailing orally negotiated terms over the final written contract

CEmbedding a term excluding all prior oral discussions that are not mentioned in the final written contract

DAvoiding long negotiation

Show Suggested Answer

Suggested Answer: A, D

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

by Jaime at Sep 14, 2024, 07:51 PM

Limited Time Offer

25%

Off

Get Premium L4M3 Questions as Interactive Web-Based Practice Test or PDF

Contribute your Thoughts:

Submit Cancel

Kerry

6 months ago

C makes the most sense to avoid confusion.

upvoted 0 times

...

Karina

6 months ago

A is important too, gotta watch out for misrepresentation!

upvoted 0 times

...

Mignon

6 months ago

Wait, can you really prioritize oral terms over written ones?

upvoted 0 times

...

Marjory

7 months ago

I disagree, B should be the priority.

upvoted 0 times

...

Maryln

7 months ago

C is definitely the way to go!

upvoted 0 times

...

Shanda

7 months 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.

upvoted 0 times

...

Shawana

7 months 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.

upvoted 0 times

...

Valentin

7 months 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?

upvoted 0 times

...

Loreta

8 months ago

I think option C makes sense because it clearly states that any prior oral agreements are excluded, which should help avoid conflicts.

upvoted 0 times

...

Arthur

8 months 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.

upvoted 0 times

...

Sarina

8 months 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.

upvoted 0 times

...

Stevie

8 months 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.

upvoted 0 times

...

Aretha

8 months 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.

upvoted 0 times

...

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.

upvoted 0 times

Elly

11 months ago

That's a good point, you definitely want to protect yourself from any misunderstandings.

upvoted 0 times

...

Rochell

12 months ago

C) Embedding a term excluding all prior oral discussions that are not mentioned in the final written contract

upvoted 0 times

...

Cherelle

12 months ago

A) Finding signs of misrepresentation of the other contracting party

upvoted 0 times

...

Herschel

1 year ago

Hmm, I'm leaning towards D. Avoiding long negotiations in the first place seems like the easiest way to prevent this issue.

upvoted 0 times

Ilona

12 months ago

True, but I still think avoiding long negotiations is the best approach. D is my choice.

upvoted 0 times

...

Svetlana

1 year ago

But what if there are signs of misrepresentation from the other party? A seems important too.

upvoted 0 times

...

Emelda

1 year ago

I think C could also work, excluding all prior oral discussions not in the final contract.

upvoted 0 times

...

Clay

1 year ago

I agree with Garry, prevailing orally negotiated terms over the final written contract can lead to confusion.

upvoted 0 times

...

Garry

1 year ago

I disagree, I believe we should embed a term excluding all prior oral discussions.

upvoted 0 times

...

Delmy

1 year 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?

upvoted 0 times

Jade

1 year ago

C) Embedding a term excluding all prior oral discussions that are not mentioned in the final written contract

upvoted 0 times

...

Stephanie

1 year ago

A) Finding signs of misrepresentation of the other contracting party

upvoted 0 times

...

Dean

1 year ago

Avoiding long negotiations could also help prevent conflicts between the two sets of terms.

upvoted 0 times

...

Corrinne

1 year ago

That's true. Maybe C would help clarify things by excluding any oral discussions not in the final contract.

upvoted 0 times

...

Pedro

1 year ago

But wouldn't it be confusing to have different terms in the oral negotiation and the written contract?

upvoted 0 times

...

Leontine

1 year ago

I think A is important to avoid misrepresentation.

upvoted 0 times

...

Kris

1 year 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.

upvoted 0 times

...

Alberta

1 year ago

I think we should find signs of misrepresentation to avoid conflicts.

upvoted 0 times

...