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Professional Stage – Core Subjects
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Purchasing & Supply Management I - Legal Aspects
Aim
To
examine the principal areas of the law relevant to purchasing and supply with
Contract
Formation.
Offer and acceptance. Capacity. Reconciliation of buyer’s and seller’s
terms and conditions. Void and unenforceable contracts.
Exclusion
clauses. Unfair contract terms.
Standard
and special clauses, force majeure, retention of title, penalties and
liquidated damages.
Express
and implied terms.
Misrepresentation,
mistake and duress.
Agency.
Assignment. Bailment and indemnity clauses.
Remedies.
Termination. Settlement of disputes.
Arbitration
vs. litigation.
Sale
and Supply of Goods and Services
Breaches
of conditions and warranties.
Transfer
of property, risk, and title.
Limiting
risk, indemnity, exclusion and insurance, when to insure.
The
rules in nemo dat quod non habet.
Delivery.
Supply of goods and services
Manufacturer's and Sub-contractor liability. Third Party Rights.
Privity of contract.
Liability in negligence (including product liability and defective goods).
Relationship with contract conditions.
Collateral warranties and guarantees.
Legal
Aspects of Tendering and Outsourcing
Post
tender negotiation, pre-tender undertakings, letters of comfort etc.
An
outline of the effects of the EU Procurement Directives.
An
appreciation of the effects of redundancy and TUPE legislation in
outsourcing of services.
Competition
Legislation
Aspects
of current competition legislation and directives throughout the United
Intellectual
Property and Confidentiality
Patents,
Design rights, Trade marks, Copyright.
Confidentiality
and trade secrets.
Contractual
implications of confidentiality and intellectual property rights.
International Trading
Import/export
documentation.
Terms
and conditions of international trade. Legal implications of using
INCOTERMS.
Payment
methods and instruments.
Settlement of disputes in international trade, determination of venue and appropriate law.
CIPS - MCG Centre Number - 005031578
