Institute of Commercial Management | Qualification Subject

Purchasing & Supply Law

ICM Professional Diploma Unit

Law of Contract

Contract Formation

  • Offer and acceptance
  • Invitations to treat
  • Status of tenders
  • Consideration
  • Intention to create legal relations
  • Contractual capacity
  • Privity of contract

Contractual Terms and Formalities

  • Formalities
  • Terms of contract
  • Express and implied terms
  • Conditions, innominate terms and warranties

Vitiating Factors

  • Mistake
  • Misrepresentation
  • Duress and undue influence
  • Illegality and invalidity

Exclusion Clauses

  • Common law control
  • Statutory control
  • Unfair contract terms
  • Criminal control

Termination and 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 and 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 and Services

  • Implied conditions
  • Implied conditions in services

Delivery and Payment

  • Delivery and payment
  • Remedies

Passage of Title and Risk

  • Specific, ascertained and 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 and safety
  • Legislation

Food Safety

  • Food
  • Sale and commercial operations
  • Food safety offences
  • Notices and orders
  • Consumer protection
  • Regulation
  • Codes of practice
  • Defences
  • Enforcement

Weights and Measures

  • Offences of short weight or measure
  • Regulated packages

Related Legislation

Legal Aspects of Outsourcing

  • Tenders
  • Letters of intent and comfort
  • Procurement directives
  • Compulsory competitive tendering
  • Transfer of undertakings

Competition Law

  • Competition acts
  • Fair trading legislation

Intellectual Property

  • Breach of confidence and passing off
  • Patents
  • Copyright
  • Designs
  • Trade marks

International Trade

  • Bills of lading
  • CIF and FOB contracts
  • Documentary credits

Insurance

  • Types of insurance
  • Insurable interest
  • The contract
  • Role of agents
  • Claims
  • Subrogation

Example Candidate Response Booklet

Example Candidate Response (ECR) Booklets are a source of crucial information for Centres and Candidates as they use real candidate responses. We ask Senior Examiners to comment on five or more responses in terms of why the mark was awarded with commentary about how to improve the answer (if necessary).

Recommended Reading

Main Text:

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

Indicative Text:

Alternative Text and Further Reading: