Pass the CIPS CIPS Level 5 Advanced Diploma in Procurement and Supply L5M3 Questions and answers with CertsForce

Explanation

Indemnity- this is the definition given on p. 20

Explanation

This is #4. This exact definition is given on p.116 under the section 'Giving Notice'

Explanation

The correct answers are as follows:

Table Description automatically generated

This is litigation as it involves a legal team and it's public. Out of the 4 options only litigation is a public dispute resolution.

Explanation

The true statement is 'the decision made by the adjudicator is binding and usually communicated within 28 days'. The other three are false- adjudicators are usually experts in their field, the decision making process has a tight timescale and parties present their arguments in writing. This is the only written conflict resolution method.

Explanation

An Innominate Term is the correct answer. At the time the contract was written, we didn't know how important the delivery time was - therefore it wasn't a condition or a warranty- it was an innominate term. An innominate term is a term that is difficult to classify at the time of drafting a contract. A time is of the essence clause would be a good thing to include in this contract now that we know how important the delivery times are. For more information on Conditions, Warranties and Innominate Terms see p. 43

Explanation

"Yes- A Breach has occurred and a contract is in place" - this is the correct answer. Claims against warranties can be made up to six years from the date the contract is breached. Option 2 isn't correct as a breach in warranty does not allow you to rescind the contract. Options 3 and 4 are incorrect because Alan CAN claim damages. There's a useful table about warranties and conditions on p. 127

Explanation

The correct answers are as follows:

The answer is avoid because they have postponed a meeting.

Explanation

1 is the correct answer. This is a direct quote from p. 104 of the study guide.

Explanation

3 is the correct answer. This question is testing your understanding of 'consequential loss' which is explained on p.109. Consequential loss is where you can claim damages for incidental loss (loss that isn't a direct cause of the breach of the contract, such as future earnings). In this scenario the breach is the late delivery and the incidental damage is John not being able to sell any chocolate in his shop or make his Easter Eggs. There are questions like this in the real exam- remember to think what the textbook would say and don't overthink this. The scenario doesn't always give you a lot of information (for example this doesn't say if there is a contract in place) so think- which of these four options is the most logical and what is this question trying to test me on.

Explanation

This is a minor breach. This is the definition as given in the study guide on p. 48