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NEW QUESTION 26
Which of the following situations would be considered a minor breach of a contract? Select TWO:

A. a painter is contracted to paint a room white but paints it magnolia as there was no white paint availableB. a zoo orders three baby lions and is given three baby tigersC. A supplier delivers a lorry-load of produce six hours late due to a burst tyre.D. a consultant has given bad adviceE. a supplier has breached a non-disclosure agreement

Answer: A,E

Explanation:
The correct answers are: 1) the painter using magnolia instead of white, and 5) the supplier who was late on his delivery. These are considered minor breaches because the contract was still fulfilled and it didn't affect the contract in any significant way. In this type of question you have to use logic to deduce the right answer; 2) A consultant giving bad advice would be a major breach - it would be a huge issue, particularly if that advice led to an accident or death. Think about an Architect advising on a type of pillar, and it turns out that pillar can't support the weight of the building. That would be bad. 3) Lions and Tigers are not the same thing - so that would be a pretty fundamental mistake in a contract. 4) Breaching a non-disclosure agreement is usually considered a major breach of a contract (this is mentioned in chapter 2.1). See p. 48 for more information on minor breaches.

 

NEW QUESTION 27
Lollypop Manufacturer has a long standing contract with Retailer A.
They are three years into a five year contract and have been providing lollypops at 10p each since the beginning of the contract. Due to changes in the supply chain Lollypop Manufacturer would like a price increase. Can this be done?

A. no- this would be unfair on the buyerB. yes- if there is a variation clause and both parties agreeC. no- the contract is ongoing for another 2 yearsD. yes- prices always go up in contracts

Answer: B

Explanation:
yes- if there is a variation clause and both parties agree. This would usually be written in as a 'price adjustment clause' but if it's not, then it could be agreed and signed by both parties as a 'contract variation'. See p.16 for more details

 

NEW QUESTION 28
David is selling his house and Barbera would like to buy it. David is expecting to get £100,000 for his house. Barbera offers £80,000 and David asks Barbera if she'll pay £90,000 instead. Barbera says no. After a week David hasn't had any other offers so would like to accept Bar-bera's offer. Can he do this?

A. yes- Barbera's offer is the best he will receiveB. no- he waited too long and Barbera's offer has expiredC. yes- Barbera's offer is still valid as it didn't come with a time clause attachedD. no - David's counter offer rescinded Barbera's offer

Answer: D

Explanation:
"No - David's counter offer rescinded Barbera's offer" is the correct answer. Remember: "once a counter offer is made, the original offer is viewed as rejected" - p.6 of the study guide. What this means is when David goes back to Barbera about the £80,000 - he is now the offeror - and Barbera has the option to reject this. David is no longer in a position to accept or reject - Barbera is.

 

NEW QUESTION 29
Which of the following are a suitable course of action to take in the event of a minor breach of a contract? Select TWO

A. progress meetingsB. adjudicationC. collaborationD. liquidated damagesE. litigation

Answer: A,C

Explanation:
In the event of a minor breach, CIPS says it is best to work with the defaulting party by conducting progress meetings and collaboration. This is on p. 50 of the study guide

 

NEW QUESTION 30
Which of the following will you put into box 4?

A. anticipatory breachB. payment termsC. fundamental breachD. specification

Answer: D

Explanation:
The correct answers are as follows:

This is the specification as it talks about types of fabric.

 

NEW QUESTION 31
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