Q7 Contract Terms Flashcards
The Office of Fair Trading investigation into ‘cover pricing’ in the construction industry in the period 2000 to 2006 resulted in what level of fines?
A.
£130 Million
B.
£1.3 Million
C.
£13 Million
D.
£1.3 Billion
A.
£130 Million
‘Cover pricing’ means what?
A.
Agreeing with a competitor that you will bid a higher price for a job, because you don’t want the work at the moment - but you want to ensure that you stay on the customer’s list of tenderers.
B.
Agreeing with a competitor that you will bid a lower price for a job, because you don’t want the work at the moment - but you want to ensure that you stay on the customer’s list of tenderers.
C.
Agreeing with a competitor that you will bid a higher price for a job, because you want the work at the moment - and you want to ensure that you stay on the customer’s list of tenderers.
D.
Agreeing with a competitor that you will bid a lower price for a job, because you want the work at the moment - and you want to ensure that you stay on the customer’s list of tenderers.
A.
Agreeing with a competitor that you will bid a higher price for a job, because you don’t want the work at the moment - but you want to ensure that you stay on the customer’s list of tenderers.
Which of the following Acts of Parliament do not imply terms into construction contracts?
A.
Unfair Contract Terms Act 1977
B.
Supply of Goods & Services Act 1982
C.
Sale of Goods Act 1979
D.
Building Act 1984
D.
Building Act 1984
Public procurement law applies to what?
A.
Procurement of goods and/or services by public bodies for use by public bodies
B.
Procurement of goods and/or services by private companies for use by public bodies
C.
Procurement of goods and/or services over certain threshold values by private companies for use by public bodies
D.
Procurement of goods and/or services over certain threshold values by public bodies for use by public bodies
D.
Procurement of goods and/or services over certain threshold values by public bodies for use by public bodies
Which of the following does not require the reporting of suspicious activity to the police and other regulators?
A.
Proceeds of Crime Act 2002
B.
Terrorism Act 2000
C.
Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
D.
Extremely Unfair and Bullying Practices Act 2002
D.
Extremely Unfair and Bullying Practices Act 2002
Which term describes fundamental provisions in a contract?
A.
Conditions
B.
Intermediate terms
C.
Minor terms
D.
Boilerplate
A.
Conditions
The case of Taylor -v- Bhail involves what?
A.
Illegal sale of a dismantled chemical factory to a foreign company in breach of the Chemical Weapons Act 1996
B.
Fraud involving a ‘backhander’ payment to a school headmaster to secure award of a storm damage repair contract
C.
A dispute over the legitimate scope of works in a dredging contract
D.
A dispute over the proper interpretation of an exclusion clause following an arson attack by a Securicor nightwatchman.
B.
Fraud involving a ‘backhander’ payment to a school headmaster to secure award of a storm damage repair contract
Section 13 of the Supply of Goods and Services Act 1982 implies what terms into a contract which is ‘silent’ on this issue?
A.
A duty to perform the works with reasonable care and skill
B.
A duty to perform the works as quickly as possible
C.
A duty to explain to the client how the equipment works
D.
A duty to explain to the client that the work has been carried out
A.
A duty to perform the works with reasonable care and skill
‘Laissez faire’ describes what
A.
A Victorian ‘hands-off’ approach to the regulation of contracts
B.
A Victorian ‘hands-on’ approach to the regulation of contracts
C.
A French song
D.
A French song about contract law
A.
A Victorian ‘hands-off’ approach to the regulation of contracts
Which expression describes a type of contract that is automatically unenforceable
A.
Rescinded
B.
Voidable
C.
Void
D.
Simple
C.
Void
Which of the following is not a a correct statement about the provisions of the Bribery Act 2010?
A.
Companies must have adequate procedures to control bribery
B.
Bribery is a crime under the Act even if it is carried out abroad
C.
Bribery is not a crime under the Act if it is carried out abroad
D.
A company can be held liable for failing to have adequate management systems to spot and eliminate bribery by their employees.
C.
Bribery is not a crime under the Act if it is carried out abroad
Which of the following do not control the manufacture and supply of construction materials?
A.
EU Construction Products Regulation 2011
B.
British Standards
C.
Control of Asbestos Regulations 2012
D.
Building Regulations 2010
C.
Control of Asbestos Regulations 2012
Which of the following best describes an ‘indemnity’?
A.
A promise to compensate the full value of loss or other expense
B.
A promise to pay someone else’s debt
C.
Representations (statements of fact) that are made in a contract
D.
A promise that a contractual right will not be enforced
A.
A promise to compensate the full value of loss or other expense
Which legislation outlaws discrimination on the grounds of religion or belief?
A.
Sex Discrimination Act 1975
B.
Equality Act 2010
C.
Race Relations Act 1976
D.
Religious Discrimination Act 1980
B.
Equality Act 2010
What does contra proferentem mean?
A.
Interpret an exclusion clause narrowly.
B.
Interpret an exclusion clause broadly
C.
Interpret an exclusion clause wrongly
D.
Interpret an exclusion cause expertly
A.
Interpret an exclusion clause narrowly.
