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CIPS Exam L5M3 Topic 2 Question 46 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 46
Topic #: 2
[All L5M3 Questions]

ABC has a contract with its supplier DEF who delivers pasta to ABC's manufacturing plant. DEF has committed a breach and conflict resolution has taken place. The Court has awarded ABC 'specific performance' damages. What could this involve?

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Suggested Answer: C

DEF must deliver the pasta required by ABC is the correct answer. Specific performance is when the innocent party is rewarded by receiving what was initially negotiated - in this case the delivery of pasta. It's basically a posh way of saying that the court mandates you to do what the contract says. See p. 129 for information on Specific Performance.


by Laura at Jan 27, 2025, 03:14 PM

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Jeff
6 days ago
Haha, I bet DEF is kicking themselves for this breach. Now they have to deliver the pasta or face the wrath of the court. Karma's a pasta, am I right?
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Candida
8 days ago
I think it really depends on the specifics of the case, but delivering the pasta seems like the most likely outcome.
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Shaquana
12 days ago
That's a good point, maybe the answer could also be B depending on the circumstances.
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Vivan
14 days ago
I agree, C is the correct answer. The court is forcing DEF to comply with the original terms of the contract. No point in awarding monetary damages if ABC still needs the pasta.
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Teddy
17 days ago
But what if DEF can't deliver the pasta, wouldn't they have to pay money instead?
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Fausto
21 days ago
Definitely C. DEF has to deliver the pasta as per the contract. That's what 'specific performance' means - the court is ordering them to fulfill their obligations.
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Tanja
7 days ago
Exactly, specific performance means they have to fulfill their obligations
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Mel
17 days ago
C. DEF must deliver the pasta required by ABC
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Candida
26 days ago
I agree with Shaquana, specific performance usually involves delivering what was promised.
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Shaquana
29 days ago
I think the answer is C.
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