18/05/2020
L4M3: Commercial Contracting
1. The general common law rule in the battle of forms is that the party who fires the last shot wins. In which English case was this proved to be untrue as an exception to the rule?
A. Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (1979)
B. Glasbrook Bros v. Glamorgan County Council (1925)
C. Roscorla v. Thomas (1842)
D. D & C Builders v. Rees (1966)
2. The specification of a buying organisation speaks of performance evaluation and improvement which are found in ISO9001: 2015 and not in ISO9001: 2008 which the document explicitly references. In this situation where the specification is at variance with the standard referenced, which requirement will prevail?
A. The referenced standard itself of ISO9001: 2008
B. The most updated version of the standard, which is ISO9001: 2015
C. Written requirements of the specification
D. Implied terms of the particular industry or sector
3. CIPS Objective Response (OR) or Multiple Choice Question (MCQ) examinations have a threshold of 70%. A fail is defined as any score below 70% whereas a pass is anything equal to or above 70%. This assessment criterion can be viewed as:
A. Qualitative measure
B. Quantitative measure
C. Both Qualitative and Quantitative measure
D. Binary measure
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