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NEW QUESTION 50
Which of the following will you put into box 4?

A. fundamental breachB. payment termsC. specificationD. anticipatory breach

Answer: C

Explanation:
The correct answers are as follows:

This is the specification as it talks about types of fabric.

 

NEW QUESTION 51
A breach which is so severe that it goes to the root of the contract is known as what?

A. major breachB. essence breachC. condition breachD. fundamental breach

Answer: D

Explanation:
This is a Fundamental Breach. Fundamental Breach and Major Breach are very similar- they're both really bad and can lead to damages and the termination of the contract. The difference is that a Fundamental Breach is so bad that it goes to the root of the contract - a breach so bad that the contract is basically worthless. For example if you make a contract with a supplier to have potatoes delivered but it turns out they don't sell potatoes, only apples, and they keep sending you apples instead of potatoes. This would be a fundamental breach because its something so fundamental to the contract that there's no point in the contract existing if there's a breach like this. Condition Breach and Essence Breach are made up words- they don't exist. P.44

 

NEW QUESTION 52
Robert has a contract with Farmer Ted who provides his manufacturing firm with potatoes. There is a contract in place, signed by both parties that Ted will deliver 2 tonnes of potatoes per week. Due to changes in demand, Robert would like Ted to start providing 3 tonnes of potatoes every three weeks. What must be in place for this change to occur?

A. a notification of change and indemnityB. a variation clause and a signed agreement by both partiesC. a notification of change and adequate compensationD. a variation clause and a new liquidated damage fee

Answer: B

Explanation:
A variation clause and signed agreement by both parties is required to make the change. See p.16-17 for more information on contract variations. Note a 'notification of change' isn't valid unless it's accepted by the other party- so it's a good idea for both parties to sign to say they agree to the change.

 

NEW QUESTION 53
Service Credits are a form of what?

A. KPIB. indemnityC. liquidated damagesD. Consideration

Answer: C

Explanation:
Service Credits are a form of Liquidated Damages - it's a financial remedy, common in the IT in-dustry, which is available to a buyer when the service level falls below an expected level. See p. 31 for more details.

 

NEW QUESTION 54
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