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Which of the following might be considered as advantages, to the supplier, of key performance indicators (KPIs)? Select TWO that apply.

A.

They help the supplier to focus on specific critical success factors and maximise on effectiveness

B.

They help the supplier to achieve higher productivity by cutting down on other aspects like quality

C.

They help the supplier to avoid confusion arising from unclear expectation from buyers

D.

They help the supplier to share their best cost-saving systems with their competitors

E.

They help the supplier to ensure that they do not exceed the target performance levels

MWB operates serviced offices in central London. Rock entered a contractual licence with MWB to occupy office space in Marble Arch and had accumulated licence fees in arrears. The original licence agreement contained a ‘No Oral Modification’ clause that said: 'All variations to this licence must be agreed, set out in writing and signed on behalf of both parties before they take effect'.

After 6 months, Rock director re-negotiated to extend payment period over phone call and MWB credit controller agreed his proposal. Is this agreement considered as an effective variation to the original licence agreement?

A.

Yes, because parties who agree to altering the original contract orally despite a ‘No Oral.

B.

Modification’ clause, must have intended to dispense with the clause

C.

No, because the mechanism for variation has been set out in the original contract

D.

Yes, because the credit controller had agreed with Rock director’s proposal

E.

No, because Rock director assumed that the variation was effective and convinced credit controller to believe it

Foodstuffs may arrive from an overseas supplier in a deteriorated state. Is this covered under the implied term of 'satisfactory quality'?

A.

No, it is sale by sample

B.

No, it is sale by description

C.

Yes, the food is not of a reasonable standard

D.

Yes, as the title has not passed yet

Which of the following is set down in statute as a liability that exists without any need to prove fault?

A.

Strict liability

B.

Current liability

C.

Contingent liability

D.

Non-current liability

Maximum Score 1

When a company has decided to outsource part of its operation, the contract will need to include a number of key contract terms to minimise risk. Which of the following should be included?

    A confidentiality clause designed to protect either party

    A clause stating how long the service is to be outsourced

    A clause stating how long the employees can take for holiday

    A contract variation and price adjustment clause

A.

1 and 4 only

B.

1 and 2 only

C.

3 and 4 only

D.

2 and 4 only

Which of the following could be the last document in a 'battle of the forms'?

A.

Quotation

B.

Order acknowledgement

C.

Purchase order

D.

Invitation to Tender (ITT)

Maximum Score: 1

When a company has decided to outsource part of its operation, the contract will need to include a number of key contract terms to minimise risk. Which of the following should be included?

    A confidentiality clause designed to protect either party

    A clause stating how long the service is to be outsourced

    A clause stating how long the employees can take for holiday

    A contract variation and price adjustment clause

A.

1 and 4 only

B.

1 and 2 only

C.

3 and 4 only

D.

2 and 4 only

Which of the following is likely to reduce risks of different rules regarding when offers and acceptance become effective between legal systems?

A.

Withdrawal protocol

B.

Letter of intent

C.

Time lapse

D.

Deemed receipt protocol

Which of the following are typically included in an SLA? Select TWO that apply:

A.

Requirements for packaging

B.

Service definition

C.

KPI detailsCorrect)

D.

Code of conduct

E.

Product's lifespan

Maria is working on a new one-off construction project and is looking to expand a factory. A requisition comes through for an outright purchase of a digger. Maria changes this to a lease order instead. Is she right to do so?

A.

No, buyers should not challenge or change a requisition

B.

Yes, this saves money and the business will not end up with an unwanted asset

C.

No, diggers are not allowed to be leased

D.

Yes, equipment should always be leased and never purchased