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NEW QUESTION 42
Which of the following processes is the most adversarial?

  • A. litigation
  • B. adjudication
  • C. mediation
  • D. negotiation

Answer: A

Explanation:
Litigation is the most adversarial. It’s usually the last resort and shouldn’t be used if you want to preserve the working relationship. P. 145

 

NEW QUESTION 43
Tyrone Enterprises has just come out of a meeting with one of its suppliers Bob. The meeting has not gone well and the contract has become frustrated. What does this mean?

  • A. The buyer no longer requires the supplier but is tied into the contract
  • B. Negotiations between the buyer and supplier have failed and dispute resolution will need to take place
  • C. the supplier has committed a major breach and is unable to fulfil the contract
  • D. a situation has occurred which means that the contract can no longer be performed

Answer: D

Explanation:
Frustrated is when “a situation has occurred which means that the contract can no longer be per-formed”. The situation is one which is outside of the control of either party and its no one’s fault that this has happened. A common example of this is when contracts were unable to be performed due to Covid-19 and the national lockdown. The government mandated everyone ‘stay at home’ and therefore some business contracts were unable to be fulfilled, and were therefore ‘frustrated’ (for example the delivery of popcorn to cinemas- the cinemas were told by the government to close so the popcorn couldn’t be delivered. This wasn’t anyone’s fault). See p. 47 for more information on Contract Frustration

 

NEW QUESTION 44
Which of the following will you put into box 1?

  • A. compete
  • B. compromise
  • C. avoid
  • D. collaborate

Answer: B

Explanation:
The correct answers are as follows:

The answer is compromise as they’re seeking a solution that will satisy everyone.

 

NEW QUESTION 45
……

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