Indemnity isn't usually used for confidentiality agreements - this is stated on p.21 of the study guide.

This is because it's hard to indemnify against- you don't know what the consequence of a breach of

confidentiality is going to be so it's hard to quantify. Unliquidated damages is more suitable. The

study guide does state that indemnity is frequently used in intellectual property rights, software

licence agreements and share purchase agreements. This is also written on p. 21.

Negligence can be a source of a breach. P.42

Where there's no order of precedence, it is assumed that all documents have equal significance. This

is a direct quote from the study guide p.15

The correct answers are as follows:

https://kxbjsyuhceggsyvxdkof.supabase.co/storage/v1/object/public/file-images/CIPS_L5M3/page_50_img_1.jpg

This is payment terms- the clues here are 'financial' and 'progress payments'

The purpose of liability clauses is "to limit commercial and financial exposure"- this is a direct quote

from p.2. Liability is the amount that a company owes to another party- this is why contracts will

focus on limiting their liability as much as possible.

3 is the correct answer. This question is testing your understanding of 'consequential loss' which is

explained on p.109. Consequential loss is where you can claim damages for incidental loss (loss that

isn't a direct cause of the breach of the contract, such as future earnings). In this scenario the breach

is the late delivery and the incidental damage is John not being able to sell any chocolate in his shop

or make his Easter Eggs. There are questions like this in the real exam- remember to think what the

textbook would say and don't overthink this. The scenario doesn't always give you a lot of

information (for example this doesn't say if there is a contract in place) so think- which of these four

options is the most logical and what is this question trying to test me on.

The first stage is 'identify the nature and source of the conflict'. Stage 2 is assess the impact of the

breach, stage 3 is look at remedies available and stage 4 is agree on a way forward and type of

conflict resolution. These stages are explained on p.62 of the study guide.

The correct answers are 1, 4 and 5. Negotiation does NOT involve a third party and the outcome is

private / confidential. See p.63 for more information on negotiation

Crystalised means ' a dispute has occurred which qualifies for resolution by adjudication'. This is a

direct quote from p. 144

The correct answers are as follows:

https://kxbjsyuhceggsyvxdkof.supabase.co/storage/v1/object/public/file-images/CIPS_L5M3/page_23_img_1.jpg

This is a contract variation as they are changing the number of staff and their hours