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Alan has an ongoing contract with a supplier for the provision of gardening tools to his horti-culture business. He has been working with the supplier for over 20 years and has recently discovered that the supplier committed a breach in a warranty 3 years ago. Can Alan claim damages?

A.

yes- the breach has occurred and a contract is in place

B.

yes- Alan can claim damages and rescind the contract

C.

no- Alan could only claim if the breach was of a condition, not a warranty

D.

no- Alan cannot claim because the breach was so long ago

Service Credits are a form of what?

A.

liquidated damages

B.

indemnity

C.

KPI

D.

Consideration

Which of the following is a source of breach in a contract?

A.

negligence

B.

liability

C.

force majeure

D.

warranty

An exchange of written documents between a buyer and supplier, each detailing their own Terms and Conditions is known as the Battle of the Forms. Who generally wins the Battle?

A.

The party who issued the first document

B.

The party who issued the last document

C.

The party with the greatest liability

D.

The party who commits a breach

Which of the following will you put into box 6?

A.

liability

B.

payment terms

C.

liquidated damages

D.

Contract variation

Lisa has a contract with an internet provider and the contract stated the need for Wi-Fi to be online 100% of the time. The Wi-Fi has only been available 97% of the time. In order for Lisa to claim compensation from her internet provider, which of the following would need to be present in the contract?

A.

change control

B.

liability clause

C.

service credits

D.

subcontracting

Conciliation differs from mediation in which of the following ways?

A.

mediation is voluntary and conciliation is mandatory

B.

mediation is cheaper than conciliation

C.

the outcome of mediation is not binding and the outcome of conciliation is binding

D.

the mediator has no decision making power but a conciliator can provide recommen-dations

What is a boilerplate clause?

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

Which of the following will you put into box 1?

A.

anticipatory breach

B.

fundamental breach

C.

payment terms

D.

specification

ABC has a contract with its supplier DEF who delivers pasta to ABC's manufacturing plant. DEF has committed a breach and conflict resolution has taken place. The Court has awarded ABC 'specific performance' damages. What could this involve?

A.

DEF must pay money to ABC as stated in the liquidated damages clause

B.

DEF must pay an amount of money as determined by the courts

C.

DEF must deliver the pasta required by ABC

D.

DEF must rescind the contract