Legal aspects in purchasing and supply: Level 6 Graduate diploma in purchasing & supply

Study session 1: Contract law ? the application The elements of offer and acceptance The principles of consideration Intention to create legal obligations The battle of the forms Contracts in cyberspace (e-contracts) Study session 2: Common law and statutory contractual terms The difference between express and implied terms Common law and statutory exclusion clauses The difference between penalties and unliquidated damages Retention of title or Romalpa clause Study session 3: Vitiating factors Distinguish between duress and undue influence Distinguish between misrepresentation and mistake The effects of misrepresentation and mistake The equitable remedies of specific performance in injunctions Study session 4: Termination of contract and remedies available Termination or discharge of contracts The legal effects of frustration on a contract Breach of contract and its effects Assessment of unliquidated damages Remedies for breach of a sale of goods contract Study session 5: Commercial dispute resolution Litigation as a method of resolving commercial disputes Mediation and conciliation Adjudication Arbitration Study session 6: Distinguish between Sale of Goods and Supply of Goods and Services acts Sale of Goods Act 1979 (as amended) Supply of Goods and Services Act 1982 (SOGAS) The difference between the Sale of Goods Act (SGA) and the Supply of Goods and Services Act 1979 (SOGAS) Study session 7: Implied terms under SGA and SOGAS statutes Implied terms under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 Part I of the Supply of Goods and Services Act 1982 implied terms Part II of Supply of Goods and Services Act 1982 implied terms Study session 8: Transfer of property, risk and title Different categories of goods Sections 16?20 of the Sale of Goods Act 1979 The difference between delivery and payment The effects of acceptance of goods on remedies for breach Study session 9: Passing of title ? exceptions to the rules The Nemo dat rule and exceptions More exceptions to the Nemo dat rule Even more exceptions to the Nemo dat rule! Study session 10: Privity of contract and potential problems Doctrine of privity Liability in tort Consumer Protection Act.1987 Part I and Contracts (Rights of Third Parties) Act.1999 Mitigating factors to the privity rule Study session 11: Agency and bailment How agency is created The duties, authority and rights of an agent The relationship between principal/agent and third parties Responsibilities arising from bailment Study session 12: Tendering and e-tendering procedures The tendering process Types of tender and collateral obligation Pre- and post-award obligations How to avoid the battle of the forms Study session 13: Implications of EU Public Sector Directives EU Public Procurement Directives Framework agreements Open, restricted, negotiated and competitive tendering procedures E-procurement mechanisms and central purchasing bodies Study session 14: Legal impact of Freedom of Information Act 2000 Impact of the Freedom of Information Act 2000 on procurement The meaning of disclosure Exemptions under the 2000 Act Study session 15: Legal implications of outsourcing The implications of TUPE Redundancy law Alternatives to redundancy