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L5M3 Exam Dumps - CIPS Level 5 Advanced Diploma in Procurement and Supply Questions and Answers

Question # 4

Restitution damages are often calculated before contracts are signed and are clearly stated within a contract. Which of the following statements is not true?

Options:

A.

restitution damages means you are unable to claim for future losses

B.

restitution damages may leave the breaching party in a worse position than they were in before the contract began

C.

restitution damages are calculated based on how much the breaching party gained, ra-ther than how much the innocent party lost

D.

restitution damages cannot be mitigated by the actions of the innocent party

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Question # 5

Kranky Kat Ltd has just been through an adjudication process with a supplier it worked with who committed a breach in the contract. Kranky Kat is not happy with the outcome of the adjudication, what can Kranky Kat do?

Options:

A.

move on to litigation

B.

appeal the decision

C.

nothing - the decision made by the adjudicator is binding

D.

nothing - the decision made by the adjudicator is legally enforceable

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Question # 6

Dianne has a loan agreement which contains a clause for default. What does a clause for default imply?

Options:

A.

this allows the lender to demand overdue payments are made straight away

B.

this allows a lender to demand payment from a guarantor if the borrower is unable to pay

C.

this allows the lender to declare insolvency

D.

this allows the lender to demand full payment of the outstanding balance

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Question # 7

Sam is a factory manager and has purchased a new fixed asset on a loan purchase agreement. There is a forbearance agreement between the Factory and the provider. What does this mean?

Options:

A.

the lender agrees to give the breaching party a period of time as an extension by which to meet their obligations

B.

the lender requires the buyer to assign a guarantor in case they cannot make payments

C.

the lender is able to demand full payment of outstanding balances in case of none pay-ment

D.

the lender is able to charge interest on the purchase in line with RPI

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Question # 8

Which of the following will you put into box 5?

Options:

A.

liability

B.

payment terms

C.

liquidated damages

D.

Contract variation

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Question # 9

Alan has an ongoing contract with a supplier for the provision of gardening tools to his horti-culture business. He has been working with the supplier for over 20 years and has recently discovered that the supplier committed a breach in a warranty 3 years ago. Can Alan claim damages?

Options:

A.

yes- the breach has occurred and a contract is in place

B.

yes- Alan can claim damages and rescind the contract

C.

no- Alan could only claim if the breach was of a condition, not a warranty

D.

no- Alan cannot claim because the breach was so long ago

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Question # 10

Tyrone Enterprises has just come out of a meeting with one of its suppliers Bob. The meeting has not gone well and the contract has become frustrated. What does this mean?

Options:

A.

Negotiations between the buyer and supplier have failed and dispute resolution will need to take place

B.

the supplier has committed a major breach and is unable to fulfil the contract

C.

a situation has occurred which means that the contract can no longer be performed

D.

The buyer no longer requires the supplier but is tied into the contract

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Question # 11

Which of the following is a source of breach in a contract?

Options:

A.

negligence

B.

liability

C.

force majeure

D.

warranty

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Question # 12

Robert has a contract with Farmer Ted who provides his manufacturing firm with potatoes. There is a contract in place, signed by both parties that Ted will deliver 2 tonnes of potatoes per week. Due to changes in demand, Robert would like Ted to start providing 3 tonnes of potatoes every three weeks. What must be in place for this change to occur?

Options:

A.

a variation clause and a new liquidated damage fee

B.

a variation clause and a signed agreement by both parties

C.

a notification of change and adequate compensation

D.

a notification of change and indemnity

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Question # 13

Which of the following will you put into box 2?

Options:

A.

Payment Term

B.

Time is of the Essence

C.

Subcontracting

D.

Specification

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Exam Code: L5M3
Exam Name: Managing Contractual Risk
Last Update: Feb 2, 2025
Questions: 120
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