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CIPS Exam L5M3 Topic 2 Question 33 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 33
Topic #: 2
[All L5M3 Questions]

A warranty is a minor term of a contract. Is this TRUE?

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Suggested Answer: D

'restitution damages cannot be mitigated by the actions of the innocent party' is the untrue state-ment out of these four. The general principle of Restitution Damages is that the innocent party is expected to be proactive in mitigating the consequences of any breach and should not allow costs to spiral out of control. See p. 124


Contribute your Thoughts:

Moon
2 days ago
Hold up, wasn't there something about innominate terms in one of the options? I'm gonna have to think about this one a bit more.
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Elenore
11 days ago
Hmm, I thought warranties were all about the prime benefit of the contract. Option B seems right, doesn't it?
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Lavonda
17 days ago
I'm pretty sure a warranty is a fundamental term in a contract, not a minor one. Option C looks like the correct answer to me.
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Delisa
19 days ago
I think a warranty is just a minor term, so it doesn't affect the main benefit.
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Cheryll
21 days ago
C) no- a warranty is a fundamental term in a contract
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Delisa
27 days ago
A) yes- it does not affect the prime benefit
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