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CIPS L4M3のPDF問題格別な練習CIPS Commercial Contracting
質問 # 72
A supermarket purchases a new batch of house cleaner from new supplier. The supermarket is concerned about possible damage that the house cleaner may cause to consumers' floor. What type of insurance must they cover?
- A. Public liability insurance
- B. Product liability insurance
- C. Fire and explosion insurance
- D. Professional indemnity insurance
正解：B
解説：
Product Liability Insurance is a form of general liability insurance meant to protect a business from financial and legal consequences as a result of bodily injury or property damage due to the use of the business's sold goods or products. Situations that are typically covered by Product Liability Insurance may include:
- A customer harms herself because of the faulty packaging on one of your products
- A drapery set that a customer purchased from your business was highly flammable and caught on fire, eventually damaging her entire kitchen
- A customer with a severe allergy finds trace amounts of tree nuts in your homemade gourmet muffins
- A homemade house cleaner that you sell damaged one of your customer's entire hardwood floor
- A customer becomes sick with food poisoning after eating old shellfish at your restaurant, goes to the hospital, and incurs medical costs caused by your contaminated food products
- A customer's pet becomes ill from ingesting some lining in a pet toy product that you sell In the scenario above, the supermarket is purchasing and reselling house cleaner, which can be covered by product liability insurance.
Public liability insurance is a type of business insurance that covers the cost of claims made by the public that happen in connection with the business activities.
Professional indemnity (PI) insurance is a commercial policy designed to protect business owners, freelancers and the self-employed if clients claim a service is inadequate.
Reference:
LO 3, AC 3.2
質問 # 73
Which of the following are the 'fundamental' labour standards laid down by the International Labour Organisation?
1. Elimination of child labour
2. Payment of a minimum wage
3. The right to collective bargaining
4. Abolition of forced labor
- A. 2, 3 and 4 only
- B. 1, 2 and 4 only
- C. 1, 3 and 4 only
- D. 1, 2 and 3 only
正解：C
解説：
ILO Declaration on Fundamental Principles and Rights at Work was adopted in 1948. The Declaration commits Member States to respect and promote principles and rights in four categories, whether or not they have ratified the relevant Conventions.
These categories are: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.
Reference:
- ILO Declaration on Fundamental Principles and Rights at Work
- CIPS study guide page 161-163
LO 3, AC 3.2
質問 # 74
Which of the following are examples of express terms in a contract? Select TWO that apply.
- A. Term inserted through business efficacy test
- B. Term inserted through the custom of the trade
- C. A liquidated damages term
- D. Term inserted by the Sale of Goods Act 1979
- E. A retention of title term
正解：C、E
解説：
Express terms are those specifically stated in writing or verbally agreed in the contract:
* Retention of title term (A) - typically clearly written in the contract.
* Liquidated damages term (C) - also explicitly written and agreed.
By contrast:
* Terms inserted by the Sale of Goods Act, business efficacy test, or custom of the trade are implied terms, not express.
Reference: CIPS L4M3 Commercial Contracting - Express vs implied terms.
質問 # 75
Since services are intangible, so KPIs for services must be qualitative in all circumstances. Is this statement correct?
- A. No, KPIs for services must always be quantitative so that they can be measured easily
- B. Yes, the only measure mattered to supply of services is end-users' satisfaction
- C. No, some KPIs for services are measurable by means of outcome, time and space performed
- D. Yes, quantitative KPIs are limited to timeliness of supply of goods, defective rates and in-full quantities, which are applied to monitor supplier of physical goods
正解：C
解説：
KPIs are used to monitor supplier's performance. They can be qualitative or quantitative. Of course, service providers can be monitored by quantitative KPIs regarding the outcome achieved (such as uptime in IT contracts), timeliness of deliveries (such as in construction contracts)...
Reference:
LO 2, AC 2.2
質問 # 76
A procurement professional is drafting payment terms for a commercial contract. He is considering about payment method if defective products are found. Which of the following should be embedded in payment terms to control this issue?
- A. Remedies for late payment
- B. Retention clause
- C. Invoice preparation
- D. Pay-less notice
正解：B
解説：
Retention money is the payment for a service or product that is withheld pending the completion of some specified condition. For example, buyer may withhold the amount due until the supplier replace all defective goods.
Pay-less notice is the notice under a contract which states that the invoice will only be partially paid because of some issues such as supplier has to pay the damages.
Remedies for late payment are remedies that supplier may seek when a buyer pay it later than the stated payment terms. Normally, the buyer will be charged an interest rate.
Reference: CIPS study guide page 190-191
LO 3, AC 3.3
質問 # 77
Maximum Score 1
Setting key performance indicators (KPIs) for supplier performance should ensure ...
- A. Lowest price for products
- B. Earliest delivery
- C. Managed supply risks
- D. Reduced vendor base
正解：C
解説：
KPIs track and control supplier performance, helping to identify and mitigate supply risks such as late delivery or poor quality.
They are a proactive management tool, not a price or sourcing mechanism.
Reference: CIPS L4M3 Commercial Contracting - "Purpose and use of KPIs in contract management."
質問 # 78
Maximum Score: 1
Which of the following would be considered as advantages of an industry model form contract?
* It provides greater flexibility for negotiation
* It reduces the cost of contract development
* It is usually designed to be fair to both parties
* It removes the need for the buyer to understand it
- A. 2 and 3 only
- B. 1 and 3 only
- C. 1 and 2 only
- D. 2 and 4 only
正解：A
解説：
Industry model form contracts (e.g. NEC, JCT, FIDIC):
* Reduce the cost of contract development (2) - less drafting from scratch.
* Are often developed by industry bodies and so are intended to be balanced and fair (3).
They do not remove the need for the buyer to understand them (4 - definitely not an advantage), and while some negotiation is possible, they don't necessarily provide "greater flexibility" (1) than a bespoke contract; they standardise rather than expand flexibility.
Reference: CIPS L4M3 Commercial Contracting - Advantages of standard and model form contracts.
質問 # 79
Company A sends a purchase order complete with a set of conditions of contract for the provision of professional services to Company B. Company B responds with an invoice complete with a set of its own conditions of contract. Company A pays the invoice. Whichconditions of contract take legal precedence?
- A. Neither Company A's nor Company B's
- B. Company B's
- C. Both Company A's and Company B's
- D. Company A's
正解：B
解説：
This scenario illustrates the "battle of the forms," where each party attempts to impose its own terms. The general legal principle is that the last set of terms sent before performance (in this case, Company B's invoice) takes precedence if the other party proceeds without objection (Company A's payment). Therefore, Company B's terms would likely govern the contract.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 1, Section 1.2.3 - Principles relating to the battle of the forms and precedence of contract terms.
質問 # 80
Bethy sees a coat on shop window with a $100 price tag. She comes and asks the shop owner to buy it. The owner states that the price has not been updated and the current price for the coat is $120. Bethy says the owner should honour the quoted price on window shop. Is Bethy correct?
- A. Yes, $120 for a coat is extremely unreasonable and the owner's later offer therefore void
- B. No, the display on shop window is just an invitation to treat and the owner may change the price at his will
- C. No, the owner is revoking his initial offer to sell at $100 and he is proposing new offer to Bethy
- D. Yes, the owner has made an offer by showing his product on the shop window and he must honour that offer
正解：B
解説：
Based on two famous precedents, Fisher v. Bell (1961) and Pharmaceutical Society of Great Britain v. Boots Cash Chemists (1953), the display on shop window is considered as an invitation to treat. The shop owner can change the price when his customer asks to buy.
Reference:
LO 1, AC 1.2
質問 # 81
Which of the following are express terms?
Sale by description
Fitness for purpose
Passing of risk
Passing of title
- A. 1 and 2 only
- B. 2 and 3 only
- C. 2 and 4 only
- D. 3 and 4 only
正解：D
解説：
Express terms are those specifically stated and agreed upon in the contract. "Passing of risk" and "Passing of title" are typically included explicitly in contract terms, especially in contracts involving the sale of goods. In contrast, "Sale by description" and "Fitness for purpose" are usually implied terms under the Sale of Goods Act 1979, unless expressly stated.
Reference:
CIPS L4M3 Commercial Contracting Study Guide, Chapter 3, Section 3.1.1 - Express and implied terms in contracts.
質問 # 82
Danielle buys a car from Aaron. Not long after, she receives an proposal from Brian, who isinterested in buying the car but his budget is very constraint. Then, Brian decides to sign a hire purchase agreement with Danielle which lasts 4 years. Brian lives very far from Danielle, so hehires Charlie to deliver the car to his place. During the transport, Charlie has an accident and the car is written off. At the time of accident, who has the title of the car?
- A. Brian
- B. Charlie
- C. Danielle
- D. Aaron
正解：C
解説：
Hire purchase is an arrangement for buying expensive consumer goods, where the buyer makes an initial down payment and pays the balance plus interest in installments. The ownership of the merchandise is not officially transferred to the buyer until all the payments have been made.
Danielle has purchased the car from Aaron, which means its title has been transferred to her. The accident happens before the last instalment is paid. Therefore, the ownership of the car still belongs to Danielle Reference: CIPS study guide page 70 LO 1, AC 1.3
質問 # 83
Rochdale Ltd is looking for a new IT system to automate some of its operations. In designing the specification, procurement manager supposes that it should be done solely by the IT department who have deep expertise on this matter. Is procurement manager's opinion appropriate?
- A. No, because designing complex specification could only be outsourced
- B. Yes, because procurement professional has no expertise in IT sector
- C. Yes, because designing complex specification would waste procurement manager's time
- D. No, because challenging the user's demand is the role of procurement
正解：D
解説：
Procurement professionals have a role in challenging specifications. Technical experts can get things wrong and asking naive questions can be useful in bringing these to light. The challenging may include:
- Does the organisation really need these features/functions?
- With this specification, are there many available suppliers in the market?
- How many does the organisation really need?
etc
Reference: CIPS study guide page 9-10
LO 1, AC 1.1
質問 # 84
Which of the following is the most suitable model contract for car lift manufacturing?
- A. FIDIC
- B. ITC
- C. IMechE/IET
- D. CIPS
正解：C
解説：
IMechE/IET: Institution of Mechanical Engineers/Institution of Engineering and Technology - two separate institutes that issue jointly agreed model forms covering the design, supply and installation of electrical, electronic and mechanical plant including special conditions for the ancillary development of software. Car lifts are mechanical products, so IMechE/IET is the most suitable model contract for this type of product.
FIDIC is a French language acronym for Federation Internationale Des Ingenieurs-Conseils, which means the international federation of consulting engineers. It was started in 1913 by the trio of France, Belgium and Switzerland. The United Kingdom joined the Federation in 1949. FIDIC is headquartered in Switzerland and now boasts of membership from over 60 different countries. FIDIC published its first contract, titled The Form of contract for works of Civil Engineering construction, in 1957. As the title indicated, this first contract was aimed at the Civil Engineering sector and it soon became known for the colour of its cover, and thus, The Red Book. It has become the tradition that FIDIC contracts are known in popular parlance by the colour of their cover. This first contract by FIDIC was undertaken jointly with the International federation of Building and Public works. FIDIC's concerted effort at achieving broad consultation and acceptance of its contract forms has seen subsequent editions of its contracts being ratified by the International Federation of Asian and Western Pacific Contractors Association, Associated General Contractors of America and the Inter-American Federation of the Construction Industry, Multilateral Development Banks among others. Because of the broad support it enjoys, FIDIC contracts are the foremost contracts in international construction.
The Chartered Institute of Procurement and Supply (CIPS) has some model contracts for IT functions including: supply and installation of computer equipment, support and maintenance of bespoke software, servicing of computer equipment,...
The International Trade Centre (ITC) produces contracts specifically designed for small companies doing international business, covering the sale of goods, distribution, services and joint ventures.
Reference:
LO 3, AC 3.1
質問 # 85
Which of the following statements is FALSE on contracts for the leasing of assets?
- A. In lease agreement, the possession and right of use of an asset are transferred to the lessee
- B. The lessee may bear some risks of ownership, such as the liability to insure the asset
- C. The party responsible for maintenance, insurance and taxes is subject to negotiation
- D. The ownership of leased asset is transferred to the lessee at the end of the period
正解：D
解説：
A lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset.
Some characteristics of Leases are:
- The right to use the lessor's asset is granted in exchange for a fee called the lease payment.
- The lease payments are usually paid in installments.
- Leases may be long- or short-term.
- At its inception a lease agreement constitutes a mutually unperformed contract Though the ownership of the asset is not transferred to the lessee, some responsibilities and risks do. The lessor and lessee may negotiate on who is responsible on maintenance, insurance, etc.
Reference: CIPS study guide page 67-69
LO 1, AC 1.3
質問 # 86
Maximum Score 1
Adornical Toys Ltd have recently declared their commitment to international labour standards. Karim is sourcing a supplier for a new range of wooden toys and is keen to ensure that the organisation's corporate objectives are met. Which of the following approaches could he include as part of his specification requirements to achieve this labour outcome?
- A. Certification to an ethical trading initiative
- B. Use ecologically certified raw materials
- C. Accreditation to waste reduction schemes
- D. Formally measure their carbon footprint
正解：A
解説：
To meet labour standards, the most appropriate requirement is ethical trading certification (A) - ensuring fair wages, safe conditions, and compliance with global labour rights.
The other options relate mainly to environmental, not labour, outcomes.
Reference: CIPS L4M3 Commercial Contracting - "Ethical sourcing and labour standards."
質問 # 87
Which of the following would be considered as advantages of an industry model form contract?
It provides greater flexibility for negotiation
It reduces the cost of contract development
It is usually designed to be fair to both parties
It removes the need for the buyer to understand it
- A. 2 and 3 only
- B. 1 and 3 only
- C. 1 and 2 only
- D. 2 and 4 only
正解：A
解説：
Industry model contracts are pre-written templates that include widely accepted terms. They save time and legal costs during contract development and are generally written to be neutral or fair toboth parties. They do not remove the need for buyers to understand the terms and are not necessarily highly flexible.
Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 3, Section 3.1.3 - Use of industry standard form contracts.
質問 # 88
A tire manufacturer entered into a contract with a distributor. In the contract, the distributor is prohibited from selling the tire under the price list. The distributor must pay $5 for each tire sold in breach. The amount of $5 is known as...?
- A. Penalty
- B. Liquidated damages
- C. Caveat Emptor
- D. Quantum meruit
正解：B
解説：
This scenario is in fact based on a famous case law: Dunlop Pneumatic Tyre Company v New Garage & Motor co [1915] AC 79. In this case law, the House of Lords identified the clause as liquidated damages, and therefore enforceable.
However, if this case had happened in 2015 or afterwards, there would be some legal issues:
- The price agreement is prohibited by Competition Act 1998
- If the agreement is allowed by Competition Act, as in the case Cavendish Square Holding BV (Appellant) v Talal El Makdessi (Respondent), the clause can also be identified as a penalty and it is still enforceable.
Reference:
LO 3, AC 3.2
質問 # 89
Which of the following are typically included in an SLA? Select TWO that apply:
- A. Product's lifespan
- B. Service definition
- C. Requirements for packaging
- D. Code of conduct
- E. KPI details
Correct)
正解：B、E
解説：
The core elements of an SLA are set out below:
- Service definition
- Quality definition
- KPI details
- KPI management response
- Operational performance and management response
- Constraints or mitigating factors
Reference:
LO 2, AC 2.2
質問 # 90
In a sale contract, a clause requires the seller to "defend, reimburse, and hold harmless" the buyer and its personnel from and against any and all damages arising in connection with some specific circumstances. This clause is an example of...?
- A. Insurance
- B. Liquidated damages
- C. Force Majeure
- D. Indemnity
正解：D
解説：
An indemnity is a promise by one party to compensate another for the loss suffered as a consequence of a specific event, called the ''trigger event''.
The trigger event can be anything defined by the parties, including:
- A breach of contract;
- A party's fault or negligence;
- A specific action.
An indemnity operates as a transfer of risks between the parties, and changes what they would otherwise be liable for or entitled to under a normal damage claim.
Force Majeure Provisions: A force majeure event refers to the occurrence of an event which is outside the reasonable control of a party and which prevents that party from performing its obligations under a contract.
Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.
LO 3, AC 3.2
質問 # 91
Standard terms and conditions should become the governing terms for which group of items?
- A. Bottleneck items
- B. Routine items
- C. Leverage items
- D. Strategic items
正解：B
解説：
Standard terms and conditions are set of terms that is prepared by an organisation. These terms can become the governing terms in low-value, low-risk transactions (or Routine items according to Kraljic's portfolio model). They can be a reference when negotiating for more important contract.
Reference:
LO 3, AC 3.1
質問 # 92
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