PD6/July 2014

Professional diploma in procurement and supply

Legal aspects in procurement

and supply (UK)
Date

Monday 21 July 2014

Time

Start 09:30

End 12:30 Duration 3 hours

QUESTION PAPER
INSTRUCTIONS FOR CANDIDATES
This examination has FOUR compulsory questions worth 25 marks each.
1. Do not open this question paper until instructed by the invigilator.
2. All answers must be written in the answer booklet provided.
3. All rough work and notes should be written in the answer booklet.

QP04

QUESTIONS
You are advised to spend 45 minutes on each question.
Q1 Outline the nature of agency in supply chains and explain FOUR ways in which an agency relationship
can be formed, with supporting case law.
(25 marks)
Q2 There is a range of express terms used in procurement and supply contracts.

Discuss each of the following:

(i)
Force Majeure clauses, including the rules that would determine their legal validity. (15 marks)
(ii)
Indemnity clauses.

(10 marks)

Q3 Discuss the main provisions of Article 101 (previously Article 81) and Article 102 (previously Article
82) of the EC Treaty in relation to anti-competitive practices.
(25 marks)
Q4 Analyse the following methods of resolving commercial disputes:
(i)
Litigation.

(10 marks)

(ii)
Arbitration.

(10 marks)

(iii)
Adjudication.

(5 marks)

END OF QUESTION PAPER

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PD6 Exam Questions July 2014

PLEASE RETURN THIS FORM TO:

CIPS ASSESSMENT MANAGEMENT CENTRE
ADAMSWAY, MANSFIELD
NOTTINGHAMSHIRE NG18 9DR
TEL: +44(0) 845 880 1188
FAX: +44(0) 845 880 1187
www.cips.org

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PD6 Exam Questions July 2014