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CIPS Exam L4M3 Topic 10 Question 43 Discussion

Actual exam question for CIPS's L4M3 exam
Question #: 43
Topic #: 10
[All L4M3 Questions]

Which of the following are likely to be express terms in a contract?

1. Legislation

2. Custom and practice

3. Contract particulars

4. Terms and conditions

Show Suggested Answer Hide Answer
Suggested Answer: C

Express terms are the terms of the agreement which are expressly agreed between the parties. Ideally, they will be written down in a contract between the parties but where the contract is agreed verbally, they will be the terms discussed and agreed between the parties.

The types of express terms to be found in a contract are many and varied and will depend on the type of contract. Any term written into the contract is an express term and may refer to price, time scales, warranties and indemnities, limitations on liability, conditions precedent and so on.


- Contracts: Express and Implied Terms

- CIPS study guide page 32

LO 1, AC 1.2

Contribute your Thoughts:

Ailene
29 days ago
Haha, this question is a real head-scratcher. I bet the person who wrote it had a good laugh while they were coming up with it. But seriously, I'm going with C. It's the only one that makes any sense to me.
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Patrick
1 months ago
I'm going with C. If you ask me, the other options are just a recipe for disaster. Can you imagine trying to enforce a contract based on 'custom and practice'? Good luck with that!
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Almeta
2 days ago
I agree, trying to rely on custom and practice would be risky. It's important to have clear terms in a contract.
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Michell
16 days ago
I think C is the best choice. Contract particulars and terms and conditions are crucial for clarity.
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Leigha
1 months ago
The answer has to be C, right? I mean, who would ever put legislation or custom and practice in a contract? That's just asking for trouble.
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Clay
6 days ago
User 3: Definitely, legislation and custom and practice are usually not included in contracts.
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Shawn
8 days ago
User 2: Yeah, I agree. Contract particulars and terms and conditions are more likely to be express terms.
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Alba
21 days ago
I think the answer is C, 3 and 4 only.
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Doyle
2 months ago
I see your point, but I still think the answer is C) 3 and 4 only based on contract law principles.
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Weldon
2 months ago
I'm leaning towards D) 1 and 2 only because legislation is usually not an express term.
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Vincenza
2 months ago
I disagree, I believe the answer is B) 1 and 4 only.
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Joanne
2 months ago
Hmm, I'm not sure about this one. I guess it could be C, but I'm a little unsure. Maybe I should have read the fine print more carefully in my last contract.
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Dick
2 months ago
I agree, those seem like the most likely express terms.
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Lenora
2 months ago
I think it's A) 2 and 3 only.
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Sabina
2 months ago
I think the answer is C) 3 and 4 only.
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Bernadine
2 months ago
I think the answer is C. Contract particulars and terms and conditions are usually the express terms in a contract, not legislation or custom and practice.
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Gail
2 months ago
Yes, legislation and custom and practice are not typically considered express terms in a contract.
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Corinne
2 months ago
I agree, contract particulars and terms and conditions are the usual express terms in a contract.
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