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CIPS L4M3 考試大綱：

主題簡介
主題 1
  • Cost plus and cost reimbursable pricing arrangements
  • Invitations to treat or invitations to negotiate
主題 2
  • Analyse contractual terms for contracts that arecreated with external organisations
  • The Vienna Convention on the International Sales of Goods
主題 3
  • Terms that apply to labour standards and ethical sourcing
  • Including social and environmental criteria inspecifications
主題 4
  • Drafting specifications and developing marketdialogue with suppliers
  • Understand the legal issues that relate to the formation of contracts
主題 5
  • Risks presented by contracting on suppliers terms or through oral contracts
  • Analyse the content of specifications for procurements
主題 6
  • Appraise examples of key performance indicators (KPIs) in contractual agreements
  • Analyse the legal issues that relate to the creation of commercial agreements with customers or suppliers
主題 7
  • Recognise examples of contractual terms typically incorporated into contracts that are created with external organisations
  • Invitation to tender or request for quotation
主題 8
  • Compare types of contractual agreements made between customers and suppliers
  • Standardisation of requirements versus increasing the range of products
主題 9
  • Defining contractual performance measures or key performance indicators (KPI)
  • Understand the key clauses that are included informal contracts

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最新的 CIPS Certifications L4M3 免費考試真題 (Q61-Q66):

問題 #61
Social and environmental criteria are often incorporated into which of the following type of specification?

  • A. Conformance specification
  • B. Design specification
  • C. Output specification
  • D. Technical specification

答案：C

解題說明：
Developing and using generic specifications is as import in the sustainable procurement process as it is in the traditional procurement process. During this stage, human/labour rights and environmental performance criteria should be translated into specifications that meet specific requirements of the specified outcome, desired by the procurement action.
The specification stage is key to all types of contract. Building in environmental and social considerations at this early stage, provides a clear indication to suppliers that sustainability is important to the UN organization. Consider available alternatives which are less environmentally and socially damaging. Consider all the phases of a product's life cycle (e.g. production, transportation, maintenance, disposal, etc) when determining its cost and environmental impact. Assess the overall environmental and social integrity of suppliers by looking at their policies and practices.
Specifications which are output-based rather than input-based can increase supplier innovation, reduce waste and minimise harmful social and environmental impacts.
Reference:
- Sustainable Procurement
- CIPS study guide page 95-99
LO 2, AC 2.1


問題 #62
Which of the following is the type of insurance that cover the liabilities of service provider such as legal advice, accountancy, technical designs, etc?

  • A. PII
  • B. Public liability
  • C. Employer's liability
  • D. Product liability

答案：A

解題說明：
The most usual forms of insurance cover are as below:
- Employer's liability: Employers' liability insurance, sometimes known as employment practices liability insurance (EPLI), protects employers from financial loss if a worker has a job-related injury or illness not covered by workers' compensation. Employers' liability insurance can be packaged with workers' compensation insurance to further protect companies against the costs associated with workplace injuries, illnesses, and deaths. Employers' liability insurance is also called "part 2" of a workers' compensation policy.
- Public/product liability: Public liability insurance covers you against any claims made against your business - for example if you were held legally liable for personal injury, or for damage done to property. The insurance will also cover you for any legal costs associated with defending claims against your business.
- Professional indemnity insurance (PII): Professional indemnity or liability insurance offers such coverage to professional advice or service providing individuals and companies ensuring protection against any legal costs and damages awarded as a result of claims relating to negligence. Whereas more general forms of liability insurance focus on direct forms of harm such as sustaining injuries, professional indemnity insurance provides a far more detailed and comprehensive form of coverage. The cover protects a firm or individual's liability relating to any financial loss caused by errors or omissions in the service provided as well as any alleged failure to perform on behalf of a client.
- Goods in transit coverage: Goods in transit insurance, sometimes referred to as GIT, covers goods against loss or damage while being moved from one place to another. These goods can be being carried by individuals in their own vehicle, self employed drivers or contractors or by third party carriers. The insurance can cover both domestic and international trips, with specific add-ons available for insurance within Europe.
Reference:
LO 3, AC 3.2


問題 #63
In the UK, Unfair Contract Terms Act 1977 regulates which of the following?

  • A. Effectiveness of contract terms in the standard terms and conditions
  • B. Validity of a contract when it is formed on the basis of misrepresentation
  • C. Rules regarding battle of the forms
  • D. Rule of offer and acceptance

答案：A

解題說明：
The Unfair Contract Terms Act 1977 (c 50) is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation.
Under this regulation, if a clause within the standard terms in use is considered as 'unfair', the clause will be ineffective (or the other party will be entitled to avoid the clause). At court, the clause that is deemed to be unfair will undergo a 'reasonableness' test or an 'unfairness' test.
Reference:
- Maybe your standard terms are ineffective. Here's why
- CIPS study guide page 135
LO 3, AC 3.1


問題 #64
Which of the following are reasons why a purchaser wants to embed a subcontracting clause into the main contract? Select TWO that apply:

  • A. To keep main contractor liable
  • B. To induce the conflicts between the main contractor and subcontractors
  • C. To improve supply chain transparency
  • D. To condemn whole liabilities to subcontractors
  • E. To reduce the main contract complexity

答案：A,C

解題說明：
There are number of reasons why the purchaser will want to control the supplier's subcontracting:
- Supply chain transparency: Normally the purchaser has invested a lot of effort into selecting the right contractor. However, the main contractor's selection of subcontractor might not be in such careful manner, which may result in poor performance. Purchaser must know who subcontractors are. Controlling the subcontracting process can help the purchaser control the outcome.
- Contract terms: the purchaser's requirements must be reflected in the subcontracts. The subcontracting clauses may require the main contractor to do this.
- Liability: the main contractor may subcontract the whole or a part of its liabilities. Subcontracting clause may bind the contractor to be liable with the work, it cannot just blame the subcontractor for any faults.
Reference:
LO 3, AC 3.2


問題 #65
Which of the following can be considered as implied terms in a contract?
1. Case law
2. Statute
3. Trade custom
4. A term can never be implied, it must always be expressed by the parties

  • A. 1, 2 and 3 only
  • B. 1,3 and 4 only
  • C. 2, 3 and 4 only
  • D. 1, 2 and 4 only

答案：A

解題說明：
An implied term is a term which the courts imply into a contract because it has not been expressly included by the parties. This may be because the parties did not consider it, did not think that any problem would arise in relation to it or simply omitted to include it.
The courts are very reluctant to imply terms into contracts and will only do so in the following circumstances:
1. terms implied under statute
2. terms implied under common law
3. terms implied because of custom or usage
4. terms implied due to previous dealings
5. terms implied 'in fact' or to reflect the parties' intentions
Reference:
- Contracts: Express and Implied Terms
- CIPS study guide page 126
LO 3, AC 3.1


問題 #66
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