Free L4M3 Exam Braindumps (page: 2)

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In common law, which of the following documents is legally binding without the need for consideration?

  1. One-off contract
  2. Hire purchase agreement
  3. Deed
  4. Blanket order

Answer(s): C

Explanation:

In common law (the legal system in which most rules come from case law or precedents, such as UK, US, Australia, etc), the contract is legally binding if it has the following requirements:
- Offer
- Acceptance
- Certainty & Intention to Create Legal Relations
- Consideration & Promissory Estoppel
- Legal capacity
According to these rules, 'Blanket order', 'One-off purchase', and 'Hire purchase agreement' are contractually binding. One of the reason is that they have consideration. However, there is a type of legal instruments that does not need consideration to be legally binding. They are called 'Deeds'. A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. At common law, to be valid and enforceable, a deed must meet several requirements:
- It must state on its face that it is a deed, using wording like "This Deed..." or "executed as a deed".
- It must indicate that the instrument itself conveys some privilege or thing to someone.
- The grantor must have the legal ability to grant the thing or privilege, and the grantee must have the legal capacity to receive it.
- It must be executed by the grantor in presence of the prescribed number of witnesses, known as instrumentary witnesses (this is known as being in solemn form).
- In some jurisdictions, a seal must be affixed to it. Originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary.
- It must be delivered to (delivery) and, in some jurisdictions, accepted by the grantee (acceptance).


Reference:

- Deed - Wikipedia
- Formation of the contract
- CIPS study guide page 40 LO 1, AC 1.2



If service level agreement is used as a schedule that makes up the contract, it will be most likely to be a part of...?

  1. Pricing arrangement
  2. Performance management framework
  3. Exclusion of liabilities
  4. Specifications

Answer(s): B

Explanation:

If a service level agreement is used as a schedule to a contract, it will generally have the following contents:
- Service definitions. If the service information is provided by the specification, SLA should only refer to the specification to avoid any inconsistencies.
- Details on how to measure KPIs, who will measure KPIs

- Minimum requirements or targets
- Remedies if the minimum requirements are not met
...
Since SLA often lists out the KPI targets, consequences for not meeting the KPI targets and remedies to situation of poor performance, it is a part of performance management.


Reference:

CIPS study guide page 110-116 LO 2, AC 2.2



A construction company often subcontracts approximately 50% of the project works because of unpredictable customer's demand. Although larger corporate customers require quick response to RFQ, the time lapse between tender bid submission and contract commencement is usually long.
Which of the following arrangement would benefit both the contractor and customer?

  1. Collateral contract
  2. Bilateral contract
  3. Indemnity agreement
  4. Framework agreement

Answer(s): D

Explanation:

According to the scenario, customers' demand changes regularly but the construction project commencement often delays. If the contractor and the customer mutually sign a legally binding contract too soon long before the commencement, the contractor may suffer poor cash flow (it must buy the materials first but has to wait for long time to be paid). A framework agreement may help both parties.
A framework agreement is a formal agreement between two organisations that is intended to become legally binding in the event that a contract is created. A framework agreement could benefit the both parties in the following ways:
- At the time of signing, the framework agreement has not yet become a legally binding contract. The contractor and client only agree on the principles of future contracts (such as whether the work can be subcontracted or how payment will be proceeded). A well structured framework agreement will allow both parties to apply changes before contract commencement, especially regarding price and quality.
- The framework agreement assures a certainty between the contractor and client.

- The administrative works is reduced under a framework agreement.


Reference:

- CIPS study guide page 60-62
- Framework Agreements: Practice and Pitfalls LO 1, AC 1.3



Which of the following documents are likely to have legal standing? Select TWO that apply:

  1. Quotation
  2. Request for information
  3. Tender
  4. Requisition
  5. Estimate

Answer(s): A,C

Explanation:

A quotation and a tender are both firm offers which have legal standing to the offeror. Tenders are more detailed than quotations and will include quality aspects as well as prices. LO 1, AC 1.1 & AC 1.2



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Post your Comments and Discuss CIPS L4M3 exam with other Community members:

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