最新的CIPS Level 5 Advanced Diploma in Procurement and Supply認證 L5M3考試題庫

問題1

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

A. The innocent party must mitigate all losses

B. Orders for Specific Performance can be a cheap and quick way to remedy a breach in contract

C. Orders for Specific Performance can be a lengthy and costly process

D. If a party is ordered to complete a 'Specific Performance' and doesn't, they can be ar-rested

正確答案: C,D

說明：（僅 VCESoft 成員可見）

問題2

Perry is seeking a resolution to a conflict he has with his supplier. He wants a third party to make a binding and legally enforceable decision and wants the issue to remain confidential. He is considering litigation. Is this the best solution for Perry?

A. no- Perry should try Adjudication

B. no - Perry should try Conciliation

C. yes- litigation is the most appropriate for his requirements

D. no- Perry should try mediation

正確答案: A

說明：（僅 VCESoft 成員可見）

問題3

A contract term which is difficult to classify at the time of drafting a contract is known as?

A. condition

B. consideration

C. warranty

D. innominate

正確答案: D

說明：（僅 VCESoft 成員可見）

問題4

Fishfingers Ltd has a contract with a supplier of cod. When the contract was set up it was not known how important specific delivery times would be for the arrival of the fish. After several months it has now become apparent that delivering the fish within 3 hours of them being caught is fundamental to the contract as delayed delivery results in poorer quality Fish Fingers. When the contract was set up what was the delivery times?

A. a time is of the essence clause

B. an innominate term

C. a condition of the contract

D. a warranty

正確答案: B

說明：（僅 VCESoft 成員可見）

問題5

Fruity McFruitFace is an exporter of fruit. Which of the following payment terms would be most advantageous for it?

A. advance payment

B. documentary credits

C. documentary collection

D. open account

正確答案: A

說明：（僅 VCESoft 成員可見）

問題6

R3D3 is a computer manufacturer who has had an issue with their supplier. They are seeking a conflict resolution approach which is flexible but will provide a binding and enforceable outcome. They would like the resolution to be confidential and directed by an independent third party that is appointed for them. Which of the following would be the best conflict resolution for them to select?

A. mediation

B. arbitration

C. negotiation

D. litigation

正確答案: B

說明：（僅 VCESoft 成員可見）

問題7

Which of these statements about Guarantees are TRUE? Select 2

A. A Guarantee is a secondary obligation of a contract

B. A guarantor's responsibility is higher than the Principle

C. A guarantee is a promise to repair or replace an item within a defined period of time

D. A guarantor's responsibility cannot be higher than the Principle

正確答案: A,D

說明：（僅 VCESoft 成員可見）

問題8

If an innocent party wishes to terminate a contract due to a breach, which of the following is true?

A. only future obligations of the parties are excused and discharged

B. only past obligations of the parties are excused and discharged

C. all obligations of the innocent party are excused and discharged

D. all obligations of the offending party are excused and discharged

正確答案: A

說明：（僅 VCESoft 成員可見）

問題9

Which of the following are advantages to seeking a solution to conflict via litigation?

A. the process provides certainty that an outcome will be reached

B. There is no confidentiality

C. The decision can be made by someone who isn't an expert in their field.

D. The process is quick and cost-effective

正確答案: A

說明：（僅 VCESoft 成員可見）

問題10

Terry's Toys is a Toy Manufacturer who has an agreement to provide Toys to an online re-tailer. The retailer has ordered 500 toys from Terry and Terry has incurred costs of £3000 manufacturing the toys. Halfway through production the retailer calls Terry to cancel the order. Terry reads through the contract and sees a liquidated damages clause of £1000. What should Terry do?

A. Terry can do nothing and must pay the additional £2000 out of his own pocket

B. Terry can deliver the toys as agreed as there is a contract in place

C. Terry can sue the retailer for the additional costs incurred above the liquidated damages

D. Terry can apply to the court to increase the liquidated damages to £3000

正確答案: A

說明：（僅 VCESoft 成員可見）

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