Adjudication and Litigation (and Arbitration too) all provide certainty of a resolution. The other methods don’t. There's a really useful table with this information on p.87 of the study guide.
Question # 6
Which of the following statements are TRUE about negotiation? Select THREE
A.
the process is voluntary
B.
the outcome of the negotiation is public
C.
the process can involve a neutral third party
D.
it is a quick and cost effective method to resolve disputes
The correct answers are 1, 4 and 5. Negotiation does NOT involve a third party and the outcome is private / confidential. See p.63 for more information on negotiation
This is a warranty as it is a minor term. If the invoices aren't processed in 30 days this isn't a major breach- the supplier has said they'd be okay with it.
Question # 8
Which of the following statements about 'Specific Performance' are TRUE? Select TWO.
A.
Orders for Specific Performance can be a lengthy and costly process
B.
Orders for Specific Performance can be a cheap and quick way to remedy a breach in contract
C.
If a party is ordered to complete a 'Specific Performance' and doesn't, they can be ar-rested
1+3 are correct. Specific Performance tend to go through the courts so this is a lengthy and costly process. Because it's mandated by the courts it means that if the offending party doesn't comply, this is a criminal offence and they can be arrested. Option 2 is incorrect as it is the opposite of option 1. Option 4 is incorrect because there is no need for the innocent party to mitigate any losses. See p. 132 for more information on Specific Performance
