CIPS Exam L4M3 Topic 9 Question 45 Discussion

Actual exam question for CIPS's L4M3 exam

Question #: 45
Topic #: 9

[All L4M3 Questions]

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

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Yoko

1 months ago

I'd go with C. Gotta cover your bases and make sure those pesky oral negotiations don't come back to haunt you.

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Elly

5 days ago

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

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Rochell

13 days ago

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

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Cherelle

18 days ago

A) Finding signs of misrepresentation of the other contracting party

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Herschel

2 months ago

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

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Ilona

14 days ago

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

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Svetlana

23 days ago

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

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Emelda

1 months ago

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

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Clay

2 months ago

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

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Garry

2 months ago

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

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Delmy

2 months 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?

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Jade

28 days ago

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

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Stephanie

1 months ago

A) Finding signs of misrepresentation of the other contracting party

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Dean

1 months ago

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

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Corrinne

1 months ago

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

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Pedro

2 months ago

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

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Leontine

2 months ago

I think A is important to avoid misrepresentation.

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Kris

2 months 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.

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Alberta

2 months ago

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

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