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Managing Contractual Risk

Last Update 19 hours ago
Total Questions : 120

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Question # 1

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
Question # 2

A warranty is a minor term of a contract. Is this TRUE?

Options:

A.  

yes- it does not affect the prime benefit

B.  

yes- it affects the prime benefit of the contract

C.  

no- a warranty is a fundamental term in a contract

D.  

no- a warranty is a type of innominate term

Discussion 0
Question # 3

Which of the following will you put into box 6?

Options:

A.  

adjudication

B.  

arbitration

C.  

mediation

D.  

litigation

Discussion 0
Question # 4

What is the purpose of a limitation on liability clause?

Options:

A.  

it provides an accurate pre-estimate of potential loss

B.  

it caps a company's exposure to risk

C.  

it allows a party to claim on insurance if something goes wrong

D.  

it passes the responsibility to the other party

Discussion 0
Question # 5

Which of the following is not a form of ADR (Alternative Dispute Resolution)?

Options:

A.  

mediation

B.  

negotiation

C.  

arbitration

D.  

conciliation

Discussion 0
Question # 6

Which of the following conflict resolution styles involves a strict timeline and is commonly used within the construction industry?

Options:

A.  

conciliation

B.  

adjudication

C.  

arbitration

D.  

litigation

Discussion 0
Question # 7

Popsi Cula is a manufacturer of sugared beverages and produces over 5000 tonnes of soda each day. It is extremely important that ingredients are delivered to the factory on specific days in order for the production to keep to its very tight schedule. Popsi Cula is onboarding a new supplier - which of the following clauses would it be important for the contract to contain?

Options:

A.  

liquidated damages

B.  

limitation of liability

C.  

time is of the essence

D.  

KPIs

Discussion 0
Question # 8

Which of these statements about Guarantees are TRUE? Select 2

Options:

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

Discussion 0
Question # 9

A buyer and supplier have a contract and the supplier has committed a major breach. However, as they are the sole supplier to the buyer, the buyer has decided not to terminate the contract and instead to work with the supplier to remedy the situation. What is this called?

Options:

A.  

affirmation of the contract

B.  

conflict resolution

C.  

awarding damages

D.  

assigning liability

Discussion 0
Question # 10

Which of the following will you put into box 8?

Options:

A.  

Condition

B.  

Warranty

C.  

Innominate Term

Discussion 0
Question # 11

Which of the following will you put into box 7?

Options:

A.  

adjudication

B.  

arbitration

C.  

mediation

D.  

litigation

Discussion 0
Question # 12

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
Question # 13

Sally is shopping and sees an advert in a travel agent's window that says that flights to Malta are 50% off. She enters the shop and begins to speak to a travel agent who informs her that the poster she'd seen is out of date. Is the travel agent obliged to give Sally the discounted flight?

Options:

A.  

yes- the offer was displayed and therefore must be honoured

B.  

yes- the offer is valid until another offer or counter offer is provided

C.  

no- the offer has been rescinded

D.  

no - the advert is an invitation to treat

Discussion 0
Question # 14

A large financial organisation ensures that they have contracts with all of their suppliers. In which instance would indemnity not necessarily form part of the contract?

Options:

A.  

A Deed of Appointment of a Consultant

B.  

In assignment of intellectual property rights

C.  

A software licence agreement

D.  

A confidentiality agreement

Discussion 0
Question # 15

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

Discussion 0
Question # 16

Kelly and Chloe have a contract in which Kelly provides MRO supplies to Chloe's manufac-turing business. Kelly has committed a fundamental breach but Chloe has not suffered any loss. Chloe has chosen to terminate the contract. Can she claim damages?

Options:

A.  

yes- Chloe can claim liquidated damages if these are stated in the contract

B.  

yes- Chloe can claim unliquidated damages as the contract is terminating

C.  

no- Chloe cannot claim damages as she has not incurred a loss

D.  

no - Chloe cannot claim damages as she decided to terminate the contract

Discussion 0
Question # 17

What is the name given to a term in a contract where one party promises to compensate the other party for a trigger event?

Options:

A.  

liability

B.  

warranty

C.  

damages

D.  

indemnity

Discussion 0
Question # 18

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
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