Purchasing & Supply Law

Main Topics of Study:

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

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