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CIPS Certification
L4M3 Exam
CIPS.L4M3.v2023-04-05.q54 Dumps

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Question 1

Which of the following shall help the purchaser control the selection of tier 2 suppliers?

A.Subcontracting clause
B.Warranty clause
C.Guarantee clause
D.Insurance clause

Correct Answer: A

When a party takes on a contractual obligation, they are legally required to perform the obligation.
That same contracting party is still entitled to subcontract out the work to another service provider, unless the contract:
- is a contract for personal services, such an employment contract
- contains an express term preventing subcontracting out the work, or an implied term Subcontracting clauses are written to control whether the contractor is entitled to subcontract, and how purchaser shall control that subcontracting process.
Reference:
- Subcontracting clauses (delegation of contractual obligations to third parties)
- CIPS study guide page 153-157
LO 3, AC 3.2

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Question 2

Under a price adjustment agreement, which of the following would be supplier's justification for increasing unit price?

A.Rise in fuel price
B.Rise in economies of scale
C.Rise in shares price
D.Rise in customer's satisfaction

Correct Answer: A

Normally in a price adjustment agreement, the supplier is allowed to change price based on an indexation, which is published by a third party (for example, government or exchange market). The selected indices often associate with input materials of supplier. For instance, the plastics manufacturer may adjust their price based on crude oil price as oil is major input of producing plastics. Other suppliers may select different set of indices, such as Producer Perception Index.
In this question, only 'Rise in fuel price' could be a justification for supplier to increase price because:
- It may affect the input material price
- The index is checked and published by an independent third party.
Reference:
LO 3, AC 3.3

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Question 3

Which of the following are likely to be implied terms in a contract? Select TWO that apply:

A.Legal precedence
B.Definition & interpretation
C.Contract appendix
D.Statute
E.Contract clause

Correct Answer: A,D

An implied term is a term which the courts imply into a contract because it has not been expressly included by the parties. This may be because the parties did not consider it, did not think that any problem would arise in relation to it or simply omitted to include it.
The courts are very reluctant to imply terms into contracts and will only do so in the following circumstances:
- terms implied under statute
- terms implied under common law
- terms implied because of custom or usage
- terms implied due to previous dealings
- terms implied 'in fact' or to reflect the parties' intentions
Reference:
- Contracts: Express and Implied Terms
- CIPS study guide page 32
LO 1, AC 1.2

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Question 4

Which of the following will be always automatically deemed as a consideration?

A.Promise to perform over and above an existing obligation
B.Promise given to a third party
C.Implied consideration
D.Past consideration

Correct Answer: A

Consideration only appears in common law countries. Below are some examples of what is and what is not consideration:
- Past consideration is something that has already been done or given. This cannot act as consideration
- Implied consideration: if the detail of a promise to pay is expressed after the provision of goods or services, but there is an implication that such promise would be forthcoming, this may (depending on the facts) be valid consideration.
- A promise given to a third party: this is not normally consideration, and is based on a concept known as privity of contract. Anyone who is not a party to the contract, even if they are beneficiary of it, cannot sue if the terms of the contract are breached.
- A promise to perform over and above an existing obligation: This is always consideration Reference:
- Consideration & Promissory Estoppel
- CIPS study guide page 36-40
LO 1, AC 1.2

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Question 5

Which of the following should be applied when measuring frequency of on-time deliveries during a contract period?

A.Qualitative assessment
B.Numerical measure
C.Binary measure
D.Subjective measure

Correct Answer: B

Number of on-time deliveries can be quantified, then numerical measures can be applied.
Frequency of on-time deliveries is measured as on-time deliveries as a percentage of total no. of deliveries for period.
LO 2, AC 2.2

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