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NEW QUESTION 45
A failure to perform a provision of a contract which does not affect the end performance of the contract is known as what?
A. small breach
B. major breach
C. minor breach
D. warranty breach
Answer: C
Explanation:
This is a minor breach. This is the definition as given in the study guide on p. 48
 
NEW QUESTION 46
Which of the following will you put into box 6?
A. Litigation
B. Mediation
C. Negotiation
D. Arbitration
Answer: A
Explanation:
The correct answers are as follows:
https://www.passexamdumps.com/uploads/imgs/L5M3-4de9d9e98dc5b224aed68ff2c78596a4.jpg
Litigation is the only resolution method which goes 'through the courts'. Therefore this is the correct answer
 
NEW QUESTION 47
David is selling his house and Barbera would like to buy it. David is expecting to get £100,000 for his house. Barbera offers £80,000 and David asks Barbera if she'll pay £90,000 instead. Barbera says no. After a week David hasn't had any other offers so would like to accept Bar-bera's offer. Can he do this?
A. no - David's counter offer rescinded Barbera's offer
B. yes- Barbera's offer is the best he will receive
C. no- he waited too long and Barbera's offer has expired
D. yes- Barbera's offer is still valid as it didn't come with a time clause attached
Answer: A
Explanation:
"No - David's counter offer rescinded Barbera's offer" is the correct answer. Remember: "once a counter offer is made, the original offer is viewed as rejected" - p.6 of the study guide. What this means is when David goes back to Barbera about the £80,000 - he is now the offeror - and Barbera has the option to reject this. David is no longer in a position to accept or reject - Barbera is.
 
NEW QUESTION 48
Which of the following will you put into box 5?
A. arbitration
B. mediation
C. litigation
D. adjudication
Answer: D
Explanation:
The correct answers are as follows:
https://www.passexamdumps.com/uploads/imgs/L5M3-ee84928ffcb5897e25c8a7ba7a481917.jpg
This is adjudication. Adjudication is the only option which has a specified timeframe.
 
NEW QUESTION 49
......
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