The Existence of Intermediate Terms Is Best Explained by the Fact

question 63

Multiple Choice

The existence of intermediate terms is best explained by the fact that

• A) contractual parties sometimes do not specify whether a term should be considered a condition precedent or a condition subsequent.
• B) the courts are willing to mediate a dispute between some contractual parties, but not others.
• C) some terms are more difficult to breach than warranties, but easier to breach than conditions.
• D) it is sometimes appropriate to wait and see how a breach actually affects the parties before determining whether or not the right to discharge should arise.
• E) the innocent party sometimes should receive damages for some of its losses, but not others.

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Definitions:

Bargaining Proposals

Suggestions or ideas put forward by either side in a collective bargaining negotiation aimed at reaching a mutual agreement.

Pay Increase

An upward adjustment in wages or salary granted to an employee based on performance, labor market conditions, or negotiations.

Competitive Disadvantage

A condition where a company or country is not as well-positioned as its competitors to compete effectively in the market, often due to inferior resources, capabilities, or strategies.

Mandatory Bargaining Issue

Subjects that, by law, must be discussed in the process of collective bargaining between employers and employees' representatives.