ベストCIPS L5M3学習ガイドと問題集は2023年更新
トップクラスCIPS L5M3試験最先端学習ガイド！練習問題バージョン
Chartered Institute of Procurement and Supply（CIPS）は、調達およびサプライチェーン管理の専門家を代表する世界的に認知された専門団体です。CIPSは、調達およびサプライチェーンの専門家がキャリアで成功するために必要な知識とスキルを備えた資格と認定を提供しています。そのような認定の1つが、CIPSレベル5の調達およびサプライの高度なディプロマ資格です。
質問 # 53
An agreement in which an organisation is not accountable for any damages that occur during a contract is known as what?
- A. liquidated damages
- B. hold harmless agreement
- C. waiver of subrogation
- D. limited liability
正解：B
解説：
This is a Hold Harmless Agreement and the definition is given on p. 26. A Waiver of Subrogation is a related term which stops an insurance firm claiming money back from someone in the contract - see p.26 for more info.
質問 # 54
Which of the following statements about 'Specific Performance' are TRUE? Select TWO.
- A. Orders for Specific Performance can be a cheap and quick way to remedy a breach in contract
- B. The innocent party must mitigate all losses
- C. If a party is ordered to complete a 'Specific Performance' and doesn't, they can be ar-rested
- D. Orders for Specific Performance can be a lengthy and costly process
正解：C、D
解説：
1+3 are correct. Specific Performance tend to go through the courts so this is a lengthy and costly process. Because it's mandated by the courts it means that if the offending party doesn't comply, this is a criminal offence and they can be arrested. Option 2 is incorrect as it is the opposite of option 1. Option 4 is incorrect because there is no need for the innocent party to mitigate any losses. See p. 132 for more information on Specific Performance
質問 # 55
Which of the following statements about penalty clauses is not true?
- A. they are illegal
- B. they can harm the working relationship
- C. they provide damages in excess of the true cost of a breach
- D. they are used to deter the parties from breaching the contract
正解：A
解説：
2 - penalty clauses are not illegal. However they may be judged excessive in a court of law and thrown out. Most contracts will instead opt for liquidated damages rather than a penalty clause. See p.90
質問 # 56
GoGo Ltd has contracted Reny Manufacturing to produce a bespoke piece of equipment for them. It is an asset and costs a significant amount of money. A contract is drawn up which states that GoGo Ltd has the right to terminate the contract at any time for any reason. Halfway through production of the asset, GoGo Ltd calls Reny Manufacturing to cancel the order. Reny Manufacturing has incurred many costs already. Can GoGo Ltd cancel the order?
- A. no- Reny Manufacturing will sue for damages
- B. no- the termination clause is unfair
- C. yes- the order has not yet been delivered meaning that GoGo Ltd can cancel- there has been no transfer of ownership
- D. yes- there is a termination clause in the contract
正解：D
解説：
The correct answer is 3 - 'yes there is a termination clause in the contract'. In this scenario it would be immoral for GoGo Ltd to cancel, but it wouldn't be illegal. They have the right to use the clause that's been put into the contract. It's possible that Reny might sue for damages, but this doesn't prevent GoGo Ltd from cancelling the order (they might be okay with paying the damages). There is a very similar question to this in the exam. Termination clauses are discussed on p.134 - I recommend brushing up on this topic before the exam.
質問 # 57
Molly is a wedding planner who has just set up as a sole-trader. She has a meeting with a po-tential couple to organise their wedding. The couple is extremely risk adverse and have asked Molly to email them a copy of her insurances. Which insurances should Molly send? Select TWO
- A. Employers Liability Insurance
- B. Professional Indemnity Insurance
- C. Products Liability Insurance
- D. Public Liability Insurance
正解：B、D
解説：
The correct answers are indemnity insurance and public liability insurance. Molly doesn't have any products so this wouldn't be required- she's a consultant. As a sole-trader she doesn't have employees so doesn't need Employer's Liability Insurance. The book does not go into much detail about types of insurances - but this is a known exam topic. So if you aren't confident on these four types of insurance and when you'd expect a supplier to have them - do some extra research before the exam. Insurance types are briefly mentioned on p. 25
質問 # 58
What is the first stage in conflict resolution?
- A. identify the nature and source of the conflict
- B. look at remedies available
- C. assess the impact of the breach
- D. decide on the type of conflict resolution approach
正解：A
解説：
The first stage is 'identify the nature and source of the conflict'. Stage 2 is assess the impact of the breach, stage 3 is look at remedies available and stage 4 is agree on a way forward and type of conflict resolution. These stages are explained on p.62 of the study guide.
質問 # 59
Which of the following will you put into box 3?
- A. Specification
- B. Subcontracting
- C. Time is of the Essence
- D. Payment Term
正解：A
解説：
The correct answers are as follows:
Specifying the food needs to be organic is a 'specification'
質問 # 60
John has signed a document with Larry that says that he will give Larry his car. Both John and Larry are over the age of 18 and are of sound mind. Larry accepts this offer and signs the document. Is this a contract?
- A. no- this document is an invitation to treat
- B. yes- both parties consent and have capacity to do so
- C. yes- it has been signed
- D. no- there is no consideration
正解：D
解説：
No - There is no consideration. For a document to be considered a contract there must be consideration. This means something of value must be exchanged. In this example John gives Larry something but Larry doesn't give John anything. Therefore there is no consideration and this is not a contract. See p.12
質問 # 61
R3D3 is a computer manufacturer who has had an issue with their supplier. They are seeking a conflict resolution approach which is flexible but will provide a binding and enforceable outcome. They would like the resolution to be confidential and directed by an independent third party that is appointed for them. Which of the following would be the best conflict resolution for them to select?
- A. litigation
- B. arbitration
- C. mediation
- D. negotiation
正解：B
解説：
Arbitration ticks all of the boxes required by R3D3. Mediation isn't correct because it's not binding. Negotiation isn't correct because there's no 3rd party. Litigation isn't correct because it's not confidential. See p. 80 for more on arbitration.
質問 # 62
Which of the following will you put into box 3?
- A. anticipatory breach
- B. specification
- C. payment terms
- D. fundamental breach
正解：D
解説：
The correct answers are as follows:
This is a fundamental breach. The key here is the scenario says 'huge issue'. Out of the four scenarios this one is the most important / serious and therefore will be the fundamental breach.
質問 # 63
Jenny has received a written offer from a supplier. She emails them to clarify if they can do next day delivery. The supplier does not reply. The next day Jenny makes the payment. Has a contract been formed?
- A. yes- the supplier made an offer and Jenny accepted it by making a payment
- B. no- a contract has not been signed
- C. no- the clarification constitutes a conditional acceptance
- D. yes- a counter offer has been made
正解：A
解説：
Yes- the supplier made an offer and Jenny accepted it by making a payment is the correct answer. The other three options are incorrect: 'yes- a counter offer has been made' = there is no counter-offer made in this example - a clarification is not a counter-offer / 'no- the clarification constitutes a conditional acceptance' = clarifications are not conditional acceptance / 'no- a contract has not been signed' = there doesn't need to be a signed document- acceptance can be through performance. Issuing the payment would be considered acceptance via performance. See p 2-12 for more information on conditional acceptance, counter offers and acceptance of offers.
質問 # 64
Franky B's is a popular restaurant chain which is seeking a resolution to a conflict it has with its supplier of Fried Chicken. It is looking for a dispute resolution that does not involve the court but in which an expert third party will make a binding decision. Which is the most suitable dispute resolution method for Franky B's?
- A. litigation
- B. adjudication
- C. mediation
- D. conciliation
正解：B
解説：
This is Adjudication. The other answers are incorrect- litigation involves the court. Conciliation and mediation do not provide binding decisions. P. 143
質問 # 65
Harry is negotiating a contract for a new IT system for his business. He is investing heavily in the system and wants the system to be able to provide the services he requires for the next 10 years. However he is aware that technology is changing quickly and would like to include a clause in the contract to ensure that the system he is purchasing is useable for the next 10 years. What should Harry include in the contract?
- A. benchmarking
- B. service credits
- C. change control
- D. limitation of liability
正解：A
解説：
Benchmarking should be included- this is common in long-term contracts where variables can af-fect the market over time. By including benchmarking, harry gets assurance that the product he purchases will meet the market expectations over the next 10 years. The other answers are incorrect; 1- there is no mention of liability in the question so this is incorrect. 2- service credits would be used if he is concerned the product would be offline/ not perform (it's a form of damages) but this isn't the case in this scenario. He's not worried about underperformance, he's worried about obsolescence. 4- change control is for when there are multiple versions of a contract due to amendments being made.
質問 # 66
Harry is negotiating a contract for a new IT system for his business. He is investing heavily in the system and wants the system to be able to provide the services he requires for the next 10 years. However he is aware that technology is changing quickly and would like to include a clause in the contract to ensure that the system he is purchasing is useable for the next 10 years. What should Harry include in the contract?
- A. benchmarking
- B. service credits
- C. change control
- D. limitation of liability
正解：A
解説：
Benchmarking should be included- this is common in long-term contracts where variables can af-fect the market over time. By including benchmarking, harry gets assurance that the product he purchases will meet the market expectations over the next 10 years. The other answers are incorrect; 1- there is no mention of liability in the question so this is incorrect. 2- service credits would be used if he is concerned the product would be offline/ not perform (it's a form of damages) but this isn't the case in this scenario. He's not worried about underperformance, he's worried about obsolescence. 4- change control is for when there are multiple versions of a contract due to amendments being made.
質問 # 67
Which of the following will you put into box 5?
- A. Negotiation
- B. Mediation
- C. Arbitration
- D. Litigation
正解：A
解説：
The correct answers are as follows:
This is negotiation - no third party is mentioned and there is a face-to-face meeting in private
質問 # 68
Which of the following will you put into box 1?
- A. anticipatory breach
- B. specification
- C. fundamental breach
- D. payment terms
正解：A
解説：
The correct answers are as follows:
This is an anticipatory breach as the breach hasn't happened yet- it's about what will happen to the future summer order.
質問 # 69
Which of the following will you put into box 4?
- A. anticipatory breach
- B. specification
- C. fundamental breach
- D. payment terms
正解：B
解説：
The correct answers are as follows:
This is the specification as it talks about types of fabric.
質問 # 70
Which of the following conflict resolution styles involves a strict timeline and is commonly used within the construction industry?
- A. litigation
- B. adjudication
- C. arbitration
- D. conciliation
正解：B
解説：
Adjudication has strict timescales (this is one of the advantages of using this conflict resolution method). It has roots in the construction industry and has been widely used since the 1990s. See p.76 for more information
質問 # 71
Which of the following is a source of breach in a contract?
- A. negligence
- B. force majeure
- C. liability
- D. warranty
正解：A
解説：
Negligence can be a source of a breach. P.42
質問 # 72
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CIPS L5M3 試験は、契約リスクの管理に関連する様々なトピックをカバーし、契約形成、契約条件、リスクの識別と評価、リスク軽減戦略、および契約管理を含みます。候補者は、これらの領域での主要な原則と実践を理解し、実際のシナリオに適用する能力を証明することが期待されます。試験形式は、多肢選択問題であり、候補者は実践的なシナリオに自分の知識と理解を適用する必要があります。CIPS L5M3 試験の成功裏の合格は、候補者の契約リスクを効果的に管理し、彼らの組織の成功に貢献する能力を証明します。
有効なL5M3試験最新問題で2023年最新の学習ガイド：https://www.passtest.jp/CIPS/L5M3-shiken.html
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