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NEW QUESTION 22 Harry is negotiating a contract for a new IT system for his business. He is investing heavily in the system and wants the system to be able to provide the services he requires for the next 10 years. However he is aware that technology is changing quickly and would like to include a clause in the contract to ensure that the system he is purchasing is useable for the next 10 years. What should Harry include in the contract?

  • A. benchmarking
  • B. limitation of liability
  • C. service credits
  • D. change control

Answer: A Explanation: Benchmarking should be included- this is common in long-term contracts where variables can af-fect the market over time. By including benchmarking, harry gets assurance that the product he purchases will meet the market expectations over the next 10 years. The other answers are incorrect; 1- there is no mention of liability in the question so this is incorrect. 2- service credits would be used if he is concerned the product would be offline/ not perform (it's a form of damages) but this isn't the case in this scenario. He's not worried about underperformance, he's worried about obsolescence. 4- change control is for when there are multiple versions of a contract due to amendments being made.   NEW QUESTION 23 Which of the following is not a form of ADR (Alternative Dispute Resolution)?

  • A. mediation
  • B. negotiation
  • C. arbitration
  • D. conciliation

Answer: B Explanation: Negotiation isn't an alternative dispute resolution because it's supposed to be the 'default' dispute resolution- the one you automatically do when a problem occurs. Only if negotiation fails should you turn to ADR. P. 142   NEW QUESTION 24 Sally is shopping and sees an advert in a travel agent's window that says that flights to Malta are 50% off. She enters the shop and begins to speak to a travel agent who informs her that the poster she'd seen is out of date. Is the travel agent obliged to give Sally the discounted flight?

  • A. no - the advert is an invitation to treat
  • B. yes- the offer is valid until another offer or counter offer is provided
  • C. no- the offer has been rescinded
  • D. yes- the offer was displayed and therefore must be honoured

Answer: A Explanation: Adverts are invitations to treat - not offers. Therefore the travel agent isn't bound to provide the discounted flight. See p.3 for more information on offers and ITTs   NEW QUESTION 25 ......