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CIPS Exam L4M3 Topic 8 Question 30 Discussion

Actual exam question for CIPS's L4M3 exam
Question #: 30
Topic #: 8
[All L4M3 Questions]

Which of the following is the set of principles that enables courts to determine exactly what the written contract says and what that must mean, then the court will uphold that?

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Suggested Answer: A

When a party takes on a contractual obligation, they are legally required to perform the obligation.

That same contracting party is still entitled to subcontract out the work to another service provider, unless the contract:

- is a contract for personal services, such an employment contract

- contains an express term preventing subcontracting out the work, or an implied term

Subcontracting clauses are written to control whether the contractor is entitled to subcontract, and how purchaser shall control that subcontracting process.


- Subcontracting clauses (delegation of contractual obligations to third parties)

- CIPS study guide page 153-157

LO 3, AC 3.2

Contribute your Thoughts:

Cathrine
7 days ago
I was thinking the Unfair Contract Act, but that's more about protecting consumers, not interpreting the contract itself. B is the way to go.
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Melodie
15 days ago
Definitely B. The rules of interpretation are what allow courts to dig into the nitty-gritty of a contract and make sure they're upholding the actual intent, not just the literal wording.
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Dalene
17 days ago
The rules of interpretation seem like the obvious choice here. Courts need to figure out what the contract really says, not just what it looks like on the surface.
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Billye
20 days ago
I'm not sure, but it makes sense that courts would use rules of interpretation to determine the meaning of a contract.
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Leah
23 days ago
I agree with Ettie, the rules of interpretation help courts understand the written contract.
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Ettie
26 days ago
I think the answer is B) Rules of interpretation.
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