SFO procurement manager sent a request for quotation to Vogon International in which he determined the contract terms and specification. In SFO's standard terms and conditions, it is stated that 'Goods shall be delivered and Services performed by the applicable Delivery Date. Supplier must notify Buyer 3 days prior to the Delivery Date if Supplier is likely to be unable to meet a Delivery Date.' Vogon replied with a quotation without any amendment to SFO's terms & conditions. The SFO procurement manager found the prices were reasonable and submitted to senior management. Senior management team accepted that quotation and sent a notification to Vogon. On the Delivery Date, Vogon said they had no capacity to supply the product as the quotation due to a workers' strike. Did Vogon breach any agreement with SFO?
Correct Answer: D
SFO issued an RFQ with defined terms and condition and detailed specification. This RFQ can be considered as an invitation to treat. Vogon's quotation is an answer to the purchaser's RFQ and is an offer to SFO. The contract come to life at the time Vogon received the notification from SFO senior management. The strike may be a force majeur event, depending on the contract particular clauses and jurisdiction. In common law countries, force majeur is applicable as an exclusion of liability only if the contract allows it. In many civil law countries, force majeur is an implied term. But in every jurisdiction, force majeur is only a reason for excluding liability for non-performance of a contract. In other words, the non-performance party is not liable for any breach if force majeur event occurs but the event does not exclude the breach. LO 1, AC 1.2
L4M3 Exam Question 17
Which of the following documents are likely to have legal standing? Select TWO that apply:
Correct Answer: A,C
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
L4M3 Exam Question 18
According to rule of contract formation, which of the following is a valid acceptance?
Correct Answer: A
Once a valid acceptance takes place, a binding contract is formed. It is therefore important to know what constitutes a valid acceptance in order to establish if the parties are bound by the agreement. There are three main rules relating to acceptance: 1. The acceptance must be communicated to the offeree. 2. The terms of the acceptance must exactly match the terms of the offer. 3. The agreement must be certain. Among the answers: "The person says that she will think about it overnight" does not match the terms of the offer. The offeree does not assure that she will accept the offer. "The person asks for a lower price": This is a counter-offer. "The person states that she is able to pay the offered price" is not certain. The offeree merely provides information on her financial ability. Reference: - Contractual agreement - offer and acceptance - CIPS study guide page 33-35 LO 1, AC 1.2
L4M3 Exam Question 19
Which of the following is the model form of contract for construction which is recommended by World Bank?
Correct Answer: D
FIDIC is the International Federation of Consulting Engineers (or Federation Internationale des Ingenieurs Conseils in French). FIDIC has produced many publications, including the model form contracts, best practice guidances, research on sustainability, integrity and risk management. FIDIC model form contracts have been developed by this organisation since 1999, now they consist of several different books which are marked by colours. Thus, FIDIC model contracts also have the nickname "Rainbow suite of contracts". Basically, the "Rainbow Suite" include the following books: * Yellow book: Plant and Design-Build Contract (2 editions: 1999 and 2017) * Silver book: EPC/Turnkey Contract (2 editions: 1999 and 2017) * Red book: Construction Contracts (2 editions: 1999 and 2017) * Emerald book: Conditions of Contract for Underground Works (1st Ed 2019) * Blue-Green book: Dredgers Contract (2 editions: 2006 and 2016) * Gold book: Design, Build and Operate Contract Guide * Pink book: Construction Contract Multilateral Development Bank Harmonised Ed (2 editions: 2005 and 2010) This type of model contract is commonly used around the world because its author, International Federation of Consulting Engineers, collaborates closely with development banks such as World Bank, Africa Development Bank, Asia Development Bank, etc. Every construction project that is financed by these institutions must adopt the FIDIC contracts. The Joint Contracts Tribunal, also known as the JCT, produces standard forms of contract for construction, guidance notes and other standard documentation for use in the construction industry in the United Kingdom. From its establishment in 1931, JCT has expanded the number of contributing organisations. ITC (International Trade Centre) produces contracts specifically designed for small companies doing international business, covering the sale of goods, distribution, services and joint ventures. Many small companies are now engaged in international trade, but don't have access to the necessary contract forms to protect themselves. ITC and leading legal experts developed eight generic contract templates that incorporate internationally recognized standards and laws for most small business situations. CIPS has several model forms of contract designed specifically for IT buying and servicing. Reference: LO 3, AC 3.1
L4M3 Exam Question 20
Since services are intangible, so KPIs for services must be qualitative in all circumstances. Is this statement correct?
Correct Answer: B
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