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NEW QUESTION 32
Which of these is NOT a stage in negotiation?

A. adjourningB. proposalC. bargainingD. agreement

Answer: A

Explanation:
Adjourning is not a stage. The 6 stages of negotiation are; preparation, opening, discussion, pro-posal, bargaining and agreement. P.64

 

NEW QUESTION 33
If a party is to 'repudiate' a contract, what does this mean?

A. the party indicates they no longer intend to fulfil their contractual obligations, usually in response to a breachB. the party is using the break-clause to end the contractC. the party gives notice that they anticipate that they will not be able to fulfil their future obligationsD. the party is cancelling the contract as it is no longer needed

Answer: A

Explanation:
"the party indicates they no longer intend to fulfil their contractual obligations, usually in response to a breach". This is the definition of 'repudiate' given on p. 128 Before the exam check you understand the difference between repudiate, rescind and revoke. These are all ways contracts can end but are slightly different.

 

NEW QUESTION 34
Which of the following would be included in a contract to assign costs and responsibilities be-tween buyer and seller when products are delivered?

A. IncotermsB. LiabilityC. IndemnityD. Liquidated Damages

Answer: A

Explanation:
Incoterms assign costs and responsibilities about when products are delivered. See p. 37 for a full list of the different Incoterms. You don't need to know all Incoterms for the exam, but it's a good idea to know what they are and why they'd be put into a contract

 

NEW QUESTION 35
A breach of representation by party A in a contract would allow party B to do what?

A. claim damagesB. nothing - this is not a fundamental breachC. rescind the contractD. rescind the contract and claim damages

Answer: D

Explanation:
A breach of representation is a major/ fundamental breach and allows the innocent party to rescind the contract and claim damages. A Breach of Representation is when you provide false information about who you are- this might have been a fundamental reason as to why the contract went ahead. If it turns out not to be true, the other party has the right to cancel the contract and claim damages. See p.126

 

NEW QUESTION 36
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