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Purchasing and Supply Law

Main topics of study:Purchasing and Supply Law

Law of Contract

Contract Formation:

  • Offer & Acceptance
  • Invitations to Treat
  • Status of Tenders
  • Consideration
  • Intention to Create Legal Relations
  • Contractual Capacity
  • Privity of Contract

Contractual Terms & Formalities:

  • Formalities
  • Terms of Contract
  • Express & Implied Terms
  • Conditions, Innominate Terms & Warranties

Vitiating Factors:

  • Mistake
  • Misrepresentation
  • Duress & Undue Influence
  • Illegality & Invalidity

Exclusion Clauses:

  • Common Law Control
  • Statutory Control
  • Unfair Contract Terms
  • Criminal Control

Termination & Remedies:

  • Performance
  • Agreement
  • Frustration
  • Breach
  • Remedies

Law of Agency:

  • Role of an Agent
  • Creation of an Agency
  • Authority
  • Duties Arising from Agency
  • Principal/Agent Relationship
  • Principal/Third Party Relationship
  • Agency/Third Party Relationship
  • Termination of Agency
  • Commercial Agents

Supply of Goods & Services

Implied Conditions:

  • Contract of Sale
  • Right to Sell
  • Sale by Description
  • Satisfactory Quality
  • Fitness for Purpose
  • Sale by Sample
  • Acceptance
  • Modification of Remedies
  • Exclusion of Liability

Supply of Goods & Services:

  • Implied Conditions
  • Implied Conditions in Services

Delivery & Payment:

  • Delivery & Payment
  • Remedies

Passage of Title & Risk:

  • Specific, Ascertained & Unascertained Goods
  • Passage of Title
  • Passage of Risk
  • Sale by a Non-Owner

Law of Tort

Negligence:

  • Duty of Care
  • Causation
  • Defences
  • Recoverable Damage
  • Negligent Misstatement
  • Vicarious Liability

Product Liability:

  • American Experience
  • Consumer Protection Legislation

Consumer Protection

Criminal Liability for False Statements:

  • Trade Descriptions Legislation
  • Prices
  • Property Misdescriptions

Product Safety:

  • General Product Safety Regulations
  • Consumer Protection Legislation
  • Health & Safety
  • Legislation

Food Safety:

  • Food
  • Sale & Commercial Operations
  • Food Safety Offences
  • Notices & Orders
  • Consumer Protection
  • Regulation
  • Codes of Practice
  • Defences
  • Enforcement

Weights & Measures:

  • Offences of Short Weight or Measure
  • Regulated Packages

Related Legislation

Legal Aspects of Outsourcing:

  • Tenders
  • Letters of Intent & Comfort
  • Procurement Directives
  • Compulsory Competitive Tendering
  • Transfer of Undertakings

Competition Law:

  • Competition Acts
  • Fair Trading Legislation

Intellectual Property:

  • Breach of Confidence & Passing Off
  • Patents
  • Copyright
  • Designs
  • Trade Marks

International Trade:

  • Bills of Lading
  • CIF & FOB Contracts
  • Documentary Credits

Insurance:

  • Types of Insurance
  • Insurable Interest
  • The Contract
  • Role of Agents
  • Claims
  • Subrogation

Reading List

Main Text:

Project Management - Dennis Lock (Gower)

Alternative Text and Further Reading:

Law for Purchasing & Supply - M Griffiths & I Griffiths (Prentice Hall)

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