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

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Questions # 31:

GoGo Ltd has contracted Reny Manufacturing to produce a bespoke piece of equipment for them. It is an asset and costs a significant amount of money. A contract is drawn up which states that GoGo Ltd has the right to terminate the contract at any time for any reason. Halfway through production of the asset, GoGo Ltd calls Reny Manufacturing to cancel the order. Reny Manufacturing has incurred many costs already. Can GoGo Ltd cancel the order?

Options:

A.

yes- the order has not yet been delivered meaning that GoGo Ltd can cancel- there has been no transfer of ownership


B.

no- Reny Manufacturing will sue for damages


C.

yes- there is a termination clause in the contract


D.

no- the termination clause is unfair


Expert Solution
Questions # 32:

Which of the following will you put into box 2?

Options:

A.

Payment Term


B.

Time is of the Essence


C.

Subcontracting


D.

Specification


Expert Solution
Questions # 33:

Which of the following statements about 'Specific Performance' are TRUE? Select TWO.

Options:

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


D.

The innocent party must mitigate all losses


Expert Solution
Questions # 34:

Restitution Measures are an award which seeks to return the value of a benefit which has been seen to be unfairly received. Which of the following statements about Restitution Measures is TRUE? Select TWO

Options:

A.

restitution damages intend to return the innocent party to the position they were in be-fore the contract


B.

restitution damages considers the position of the breaching party before the contract


C.

restitution damages are based on how much was gained by the breaching party as a re-sult of the breach


D.

restitution damages are not limited to pre-agreed levels stated in the contract


Expert Solution
Questions # 35:

Which of the following will you put into box 1?

Options:

A.

Payment Term


B.

Time is of the Essence


C.

Subcontracting


D.

Specification


Expert Solution
Questions # 36:

Which of the following will you put into box 1?

Options:

A.

compete


B.

avoid


C.

compromise


D.

collaborate


Expert Solution
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