CIPS L5M3 Exam - Topic 1 Question 72 Discussion

Actual exam question for CIPS's L5M3 exam

Question #: 72
Topic #: 1

Fishfingers Ltd has a contract with a supplier of cod. When the contract was set up it was not known how important specific delivery times would be for the arrival of the fish. After several months it has now become apparent that delivering the fish within 3 hours of them being caught is fundamental to the contract as delayed delivery results in poorer quality Fish Fingers. When the contract was set up what was the delivery times?

Aa condition of the contract

Ba warranty

Can innominate term

Da time is of the essence clause

Show Suggested Answer

Suggested Answer: C

An Innominate Term is the correct answer. At the time the contract was written, we didn't know how important the delivery time was - therefore it wasn't a condition or a warranty- it was an innominate term. An innominate term is a term that is difficult to classify at the time of drafting a contract. A time is of the essence clause would be a good thing to include in this contract now that we know how important the delivery times are. For more information on Conditions, Warranties and Innominate Terms see p. 43

by Ayesha at Sep 29, 2026, 07:14 PM

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