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CIPS Managing Ethical Procurement and Supply (L5M5) Sample Questions (Q44-Q49):
NEW QUESTION # 44
ABC Construction is in a contract with DEF Developers to deliver 40 houses. The contract includes a "Payment is of the Essence" clause. DEF fails to pay for completed work. ABC stops work. Are they allowed to do this?
- A. Yes - it is a legal requirement to pay construction firms regularly
- B. No - the contract has not been completed, so ABC must continue working
- C. Yes - ABC have the right to stop work as non-payment is a breach of contract
- D. No - as long as payment is made eventually, ABC must keep working
Answer: C
Explanation:
Comprehensive and Detailed Explanation From Exact Extract of Documents:
The correct answer is Yes, ABC can stop work. The L5M5 study guide (p.189) explains that where a clause states "of the essence," it means the condition is fundamental to the contract. Non-payment under a "Payment is of the Essence" clause is considered a material breach of contract. This allows the injured party (ABC) to terminate the agreement and/or claim damages. In construction contracts, timely payments are essential because they enable contractors to pay subcontractors. Historically, "pay when paid" clauses caused major problems for smaller firms, leading to reforms and the introduction of stricter "essence" clauses to protect them. Thus, DEF Developers' failure to pay entitles ABC to stop work legally.
Reference: Managing Ethical Procurement and Supply (L5M5) Study Guide, p.189
NEW QUESTION # 45
The MNE (Multi-National Enterprise) Declaration is designed to promote ethical and sustainable operations by multinational organisations. Which of the following are prioritised by the Declaration? Select TWO
- A. Host country labour
- B. Immigrant labour
- C. Informal economies
- D. Formal economies
Answer: A,D
Explanation:
Comprehensive and Detailed Explanation From Exact Extract of Documents:
The MNE Declaration, also called the ILO Tripartite Declaration of Principles concerning Multinational Enterprises, sets out guidelines for multinational organisations to operate ethically and sustainably. The L5M5 study guide (p.267) explains that the Declaration prioritises formal economies (regulated, tax-paying, legitimate business environments) and host country labour, ensuring that local workers are not exploited. Informal economies and immigrant labour are recognised but not prioritised in the same way. The declaration is tripartite because it involves three groups: governments, employers, and workers' organisations. Procurement professionals working internationally must be aware of these principles when engaging multinational supply chains.
Reference: Managing Ethical Procurement and Supply (L5M5) Study Guide, p.267
NEW QUESTION # 46
Which of the following is NOT a reason for supply chain mapping?
- A. Identifying potential risks and vulnerabilities
- B. Gathering quality data through audits
- C. Understanding and gaining insights into suppliers
- D. Eliminating the need for supplier relationship management
Answer: D
Explanation:
Supply chain mapping aims to identify risks, improve visibility, and ensure compliance, among other benefits. However, it does not eliminate the need for managing supplier relationships; in fact, it often enhances the ability to manage those relationships effectively.
Reference:
LO-2.1; Page 155; Mapping supply chains to achieve supply chain transparency
NEW QUESTION # 47
Labour standards facilitate international trade and there are international regulations to secure this. Is this statement TRUE?
- A. Yes - there is a minimum labour standard governing pay and conditions
- B. No - no countries have established labour standards
- C. No - labour standards vary from country to country
- D. Yes - labour standards are regulated by the UN and other multi-national bodies
Answer: C
Explanation:
Comprehensive and Detailed Explanation From Exact Extract of Documents:
The correct answer is that labour standards vary from country to country. According to the L5M5 study guide (p.85), while international conventions exist (e.g., ILO conventions), there is no single binding international law regulating labour standards across all nations. Instead, each country enforces its own rules regarding wages, hours, and working conditions. Some countries have strict protections, while others may have weak or poorly enforced standards. Therefore, procurement professionals must apply due diligence and supplier audits when sourcing internationally, as ethical risks arise in jurisdictions with lower labour protections.
Reference: Managing Ethical Procurement and Supply (L5M5) Study Guide, p.85
NEW QUESTION # 48
Which of the following are benefits of sustainable business practices? Select TWO
- A. Competitive advantage
- B. Weakened performance
- C. Increased spending
- D. Increased productivity and reduced waste
Answer: A,D
Explanation:
Comprehensive and Detailed Explanation From Exact Extract of Documents:
The L5M5 study guide (p.7) highlights key benefits of sustainability, including increased productivity, reduced waste (A), and gaining competitive advantage (B) in the marketplace. Sustainable practices often improve efficiency, reduce resource consumption, and build stronger reputations, which attract customers and investors. Options C and D are incorrect, as weakened performance and higher spending are not benefits; instead, sustainability enhances resilience and long-term cost savings. Procurement professionals must position sustainability not as a cost burden but as a driver of efficiency, innovation, and brand strength.
Reference: Managing Ethical Procurement and Supply (L5M5) Study Guide, p.7
NEW QUESTION # 49
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