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Managing Contractual Risk Question and Answers

Managing Contractual Risk

Last Update Dec 2, 2024
Total Questions : 120

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Questions 1

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

Discussion 0
Questions 2

What is the first stage in conflict resolution?

Options:

A.  

assess the impact of the breach

B.  

look at remedies available

C.  

identify the nature and source of the conflict

D.  

decide on the type of conflict resolution approach

Discussion 0
Questions 3

An exchange of written documents between a buyer and supplier, each detailing their own Terms and Conditions is known as the Battle of the Forms. Who generally wins the Battle?

Options:

A.  

The party who issued the first document

B.  

The party who issued the last document

C.  

The party with the greatest liability

D.  

The party who commits a breach

Discussion 0
Questions 4

Conciliation differs from mediation in which of the following ways?

Options:

A.  

mediation is voluntary and conciliation is mandatory

B.  

mediation is cheaper than conciliation

C.  

the outcome of mediation is not binding and the outcome of conciliation is binding

D.  

the mediator has no decision making power but a conciliator can provide recommen-dations

Discussion 0
Questions 5

Which of the following will you put into box 5?

Options:

A.  

liability

B.  

payment terms

C.  

liquidated damages

D.  

Contract variation

Discussion 0
Questions 6

Franky B's is a popular restaurant chain which is seeking a resolution to a conflict it has with its supplier of Fried Chicken. It is looking for a dispute resolution that does not involve the court but in which an expert third party will make a binding decision. Which is the most suitable dispute resolution method for Franky B's?

Options:

A.  

litigation

B.  

adjudication

C.  

conciliation

D.  

mediation

Discussion 0
Questions 7

Buyer A and Supplier B have had a disagreement regarding a breach in the contract. They are looking to resolve the issue via arbitration. Which of the following is true about arbitration?

Options:

A.  

the outcome is binding and enforceable

B.  

there are strict rules and processes to follow

C.  

the arbitrator's role is to facilitate dialogue

D.  

the outcome will set a legal precedent

Discussion 0
Questions 8

A failure to perform a provision of a contract which does not affect the end performance of the contract is known as what?

Options:

A.  

small breach

B.  

minor breach

C.  

major breach

D.  

warranty breach

Discussion 0
Questions 9

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

Discussion 0
Questions 10

Tutu Incorporated has a contract with a software company to provide their IT software. They want to ensure that the supplier pays compensation if there are any issues with service (e.g. the software doesn't work for a day). Which two items would Tutu Incorporated need to include in the contract?

Options:

A.  

unliquidated damages

B.  

letter of credit

C.  

service level agreement

D.  

service credit

E.  

insurance

Discussion 0
Questions 11

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

Options:

A.  

condition

B.  

warranty

C.  

consideration

D.  

innominate

Discussion 0
Questions 12

Which of the following will you put into box 5?

Options:

A.  

Condition

B.  

Warranty

C.  

Innominate Term

Discussion 0
Questions 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

Discussion 0
Questions 14

What is a boilerplate clause?

Options:

A.  

the clause that will take precedent if there are conflicting pieces of information within a contract

B.  

a type of warranty

C.  

a clause that allows the contract to be modified if both parties are in agreement

D.  

a set of clauses that are commercially standard and expected in all contracts

Discussion 0
Questions 15

Sarah is a baker and orders free-range eggs from a local supplier which she uses to make cakes. There is a contract in place which included a specification that states that the eggs must be free-range. One day the supplier delivers eggs which Sarah uses in the cakes. Later she dis-covered that these were not free-range. Sarah believes that the supplier has broken the con-tract. Is this true?

Options:

A.  

Yes- this is a breach of a condition

B.  

Yes- this is a fundamental breach

C.  

no- the specification is not a contract document

D.  

no - there has been a breach in a warranty

Discussion 0
Questions 16

John has signed a document with Larry that says that he will give Larry his car. Both John and Larry are over the age of 18 and are of sound mind. Larry accepts this offer and signs the document. Is this a contract?

Options:

A.  

yes- it has been signed

B.  

yes- both parties consent and have capacity to do so

C.  

no- there is no consideration

D.  

no- this document is an invitation to treat

Discussion 0
Questions 17

Which of the following is a consensual form of dispute resolution?

Options:

A.  

negotiation

B.  

mediation

C.  

litigation

D.  

adjudication

Discussion 0
Questions 18

Harry is negotiating a contract for a new IT system for his business. He is investing heavily in the system and wants the system to be able to provide the services he requires for the next 10 years. However he is aware that technology is changing quickly and would like to include a clause in the contract to ensure that the system he is purchasing is useable for the next 10 years. What should Harry include in the contract?

Options:

A.  

limitation of liability

B.  

service credits

C.  

benchmarking

D.  

change control

Discussion 0