Top L4M3 Test Questions | Professional L4M3: CIPS Commercial Contracting 100% Pass
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CIPS Commercial Contracting Sample Questions (Q69-Q74):
NEW QUESTION # 69
Sally places a purchase order to the supplier for some components that her company requires. The supplier delivers the goods as she asks, but the quality assurance team finds that these components are defective and unfit for the company's operations. Which document is the ground to decide whether the goods received are fit for purpose?
- A. Specification
- B. CSR policies
- C. Code of conduct
- D. Pre-qualification questionnaire
Answer: A
Explanation:
According to USLegal Inc, fitness for purpose refers to the standard that must be met by a seller in the course of a business. Generally, when a buyer makes known to a seller the particular purpose for which the goods are bought, there is an implied condition that the goods are reasonably fit for that purpose (customer's requirements, needs, or desires). Specification is the ground for deciding whether goods received are fit for purpose.
We already know that there are two types of specifications: conformance and performance specifications. With conformance specification, the buyer lists out technical requirements to which the goods must conform. Lacking of any requirement may be enough for the goods to be unfit. On the other hand, if performance specification is in use, the goods must be fit for specific outputs that buyer has listed in the specification.
Providing the 'fit for purpose' goods is one of the fundamental obligations of seller in sale contract. Unfulfilling this obligation would lead to legal consequences. If the goods are unfit for purpose, seller may have to:
- replace the non-conforming goods
- pay the damages to the buyer
Reference:
- Why you should keep attention to the specification when contracting with suppliers
- CIPS study guide page 137
LO 3, AC 3.1
NEW QUESTION # 70
Under a price adjustment agreement, which of the following would be supplier's justification for increasing unit price?
- A. Rise in fuel price
- B. Rise in customer's satisfaction
- C. Rise in economies of scale
- D. Rise in shares price
Answer: A
Explanation:
Normally in a price adjustment agreement, the supplier is allowed to change price based on an indexation, which is published by a third party (for example, government or exchange market). The selected indices often associate with input materials of supplier. For instance, the plastics manufacturer may adjust their price based on crude oil price as oil is major input of producing plastics. Other suppliers may select different set of indices, such as Producer Perception Index.
In this question, only 'Rise in fuel price' could be a justification for supplier to increase price because:
- It may affect the input material price
- The index is checked and published by an independent third party.
Reference:
LO 3, AC 3.3
NEW QUESTION # 71
In common law, which of the following documents is legally binding without the need for consideration?
- A. One-off contract
- B. Deed
- C. Blanket order
- D. Hire purchase agreement
Answer: B
Explanation:
In common law (the legal system in which most rules come from case law or precedents, such as UK, US, Australia, etc), the contract is legally binding if it has the following requirements:
- Offer
- Acceptance
- Certainty & Intention to Create Legal Relations
- Consideration & Promissory Estoppel
- Legal capacity
According to these rules, 'Blanket order', 'One-off purchase', and 'Hire purchase agreement' are contractually binding. One of the reason is that they have consideration.
However, there is a type of legal instruments that does not need consideration to be legally binding. They are called 'Deeds'. A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. At common law, to be valid and enforceable, a deed must meet several requirements:
- It must state on its face that it is a deed, using wording like "This Deed..." or "executed as a deed".
- It must indicate that the instrument itself conveys some privilege or thing to someone.
- The grantor must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.
- It must be executed by the grantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as being in solemn form).
- In some jurisdictions, a seal must be affixed to it. Originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary.
- It must be delivered to (delivery) and, in some jurisdictions, accepted by the grantee (acceptance).
Reference:
- Deed - Wikipedia
- Formation of the contract
- CIPS study guide page 40
LO 1, AC 1.2
NEW QUESTION # 72
Maximum Score: 1
Which of the following would be considered as advantages of an industry model form contract?
* It provides greater flexibility for negotiation
* It reduces the cost of contract development
* It is usually designed to be fair to both parties
* It removes the need for the buyer to understand it
- A. 2 and 3 only
- B. 1 and 2 only
- C. 2 and 4 only
- D. 1 and 3 only
Answer: A
Explanation:
Industry model form contracts (e.g. NEC, JCT, FIDIC):
* Reduce the cost of contract development (2) - less drafting from scratch.
* Are often developed by industry bodies and so are intended to be balanced and fair (3).
They do not remove the need for the buyer to understand them (4 - definitely not an advantage), and while some negotiation is possible, they don't necessarily provide "greater flexibility" (1) than a bespoke contract; they standardise rather than expand flexibility.
Reference: CIPS L4M3 Commercial Contracting - Advantages of standard and model form contracts.
NEW QUESTION # 73
Which of the following key performance indicators are most likely to use numerical data as the main source of information?
The critical evaluation of project deliverables
The subjective responses of a satisfaction survey regarding a service
The instances of late deliveries within a given month
The occurrence of accidents and near misses in a year
- A. 3 and 4 only
- B. 1 and 2 only
- C. 2 and 4 only
- D. 1 and 3 only
Answer: A
Explanation:
KPIs that involve actual counts or quantifiable incidents are considered quantitative and use numerical data.
"Late deliveries" and "accidents or near misses" are measured in numbers, making them suitable for numerical performance tracking. The other options relate more to qualitative analysis or subjective feedback.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 4, Section 4.3.2 - Quantitative KPIs and performance data.
NEW QUESTION # 74
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