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Reference: https://www.cips.org/qualifications/diploma-in-procurement-supply/commercial-contracting/
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CIPS Commercial Contracting Sample Questions:
Which of the following standards gives guidance on the layout and preparation of specifications?
- A. BS 5864:2019
- B. BS EN 60601-1-11:2015
- C. BS 5975:2019
- D. BS 7373-1:2001
Correct Answer: D 🗳️
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GPP, the employer, and Prosolia UK, the contractor, entered into five EPC contracts for the development of five different solar power generation plants in the United Kingdom. Four out of the five developments failed to be commissioned by the relevant due dates, with the delays ranging from 44 to 285 days.
Among other claims, GPP, acting through its two investment vehicles, claimed liquidated damages of £500 per day in all four contracts for Prosolia UK's failure to achieve completion of the plants by the due date. The liquidated damages claimed amounted to £1,804,221 across the four delayed contracts.
Prosolia, alongside various other defences, raised the defence that the liquidated damages provision in each contract was a penalty, and therefore unenforceable against it. Is Prosolia contractually obliged to make the payment to the plaintiff?
- A. Yes, the amount is a reward to the employer as they have supervised and monitored the projects
- B. Yes, the clause is a genuine estimate of possible losses that GPP may have suffered and therefore, it is enforceable.
- C. No, the amount claimed is too excessive and it may put Prosolia into insolvency. The clause must be void
- D. No, the clause must be treated as a penalty clause which is unenforceable in UK
Correct Answer: B 🗳️
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Foodstuffs may arrive from an overseas supplier in a deteriorated state. Is this covered under the implied term of 'satisfactory quality'?
- A. No, it is sale by description
- B. No, it is sale by sample
- C. Yes, as the title has not passed yet
- D. Yes, the food is not of a reasonable standard
Correct Answer: D 🗳️
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Which of the following are likely to be express terms in a contract?
1. Legislation
2. Custom and practice
3. Contract particulars
4. Terms and conditions
- A. 3 and 4 only
- B. 1 and 2 only
- C. 1 and 4 only
- D. 2 and 3 only
Correct Answer: A 🗳️
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Carillion Ltd is a major construction contractor in the UK. The company commits to continuous improvement and sets out a performance management program that is integrated across the organisational, individual, and supplier levels. To ensure that the suppliers acknowledge the program, every time negotiating the contract terms with suppliers, the procurement team of Carillion appends a performance management framework to the draft document as a schedule. Is the action of procurement team appropriate?
- A. Yes, because the framework should have legal standing as a part of contract
- B. No, because the framework will increase the complexity of the contract
- C. No, because the performance management should be solely developed by suppliers
- D. Yes, because Carillion wants to implement early supplier involvement
Correct Answer: A 🗳️
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