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CIPS Exam L5M3 Topic 1 Question 45 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 45
Topic #: 1
[All L5M3 Questions]

Franky B's is a popular restaurant chain which is seeking a resolution to a conflict it has with its supplier of Fried Chicken. It is looking for a dispute resolution that does not involve the court but in which an expert third party will make a binding decision. Which is the most suitable dispute resolution method for Franky B's?

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Suggested Answer: C

The correct answer is: 'damages attempt to position the innocent party in the position that they would have been had the contract been performed as expected'. This is a quote from p. 121 Option1 is incorrect as unliquidated damages aren't stated in a contract. Option 2 is incorrect because liquidated damages are an assessment of damages before a breach. Option 4 is incorrect because not all breaches are caused by errors (they can be caused by negligence or the offending party withholding something).


by Desiree at Jan 15, 2025, 01:29 AM

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Elly
1 months ago
I hear Franky B's is really clucking up a storm over this chicken conflict. Maybe they should settle it over a bucket of their famous fried fowl - the 'judge' can decide who gets the extra crispy pieces!
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Nettie
1 months ago
Litigation, all the way! Nothing beats the good old-fashioned courtroom drama. Just imagine Franky B's and the chicken supplier going at it, lawyers flying left and right. It'd be like 'Chicken Fried Court' - the hottest new reality TV show!
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Essie
2 months ago
I'm going with conciliation on this one. It's a more informal process that allows both parties to come together and try to find a mutually acceptable solution. That could be a better way to resolve the conflict without getting the courts involved.
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Maxima
19 hours ago
Adjudication might be too formal for this situation. Conciliation or mediation seem like better options.
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Kristeen
2 days ago
I agree, mediation could also work well. It's a neutral third party helping both sides reach a resolution.
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Shawana
12 days ago
I think conciliation is a good choice. It's less formal and allows for open communication.
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Rochell
2 months ago
Adjudication seems like the way to go here. It's a formal process that's binding, and having an expert third party make the call is exactly what Franky B's needs. Plus, it's faster and cheaper than going to court.
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Sharee
29 days ago
Litigation should be the last resort for Franky B's, it's costly and time-consuming. Trying to resolve the conflict outside of court is definitely the way to go.
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Wei
1 months ago
Conciliation might be a good choice too, it's similar to mediation but the third party can suggest solutions to the dispute.
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Chauncey
1 months ago
Conciliation could also work, it's more informal and might help maintain the relationship with the supplier.
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Mireya
1 months ago
Mediation could also work, it's a more informal process where a neutral third party helps the parties reach a mutually acceptable solution.
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Benton
1 months ago
I agree, adjudication is a good option. It's efficient and the decision is final.
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Malcom
2 months ago
I agree, adjudication sounds like the best option for Franky B's. It's efficient and the decision is binding.
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Sylvia
2 months ago
Hmm, I think mediation would be the best option for Franky B's. It allows them to avoid the court system and have an expert make a binding decision, which seems like the ideal solution for their conflict with the chicken supplier.
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Erinn
2 months ago
I think adjudication might be the way to go, as it involves a third party making a binding decision.
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Sherita
2 months ago
I disagree, I believe mediation would be more effective in resolving the conflict.
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Pamela
2 months ago
I think conciliation would be the best option for Franky B's.
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