Legal Aspects of Purchasing
Legal Aspects of Purchasing - 2-day in-house course
This is a specialist in-house course aimed at giving delegates a sound working knowledge of the law relating to purchasing. As well as covering legislation, the course is designed to show the application of the law to practical situations regularly met by organisations purchasing goods and services. Practical advice and examples are provided on how to set up more robust contracts and manage the process of contract formation.
Sale of goods legislation is covered in detail with an emphasis on how the buyer can ensure that their statutory protection is not diluted by the seller’s Terms of Sale. The course also covers more recent legislation such as the Bribery and Modern Slavery Acts and TUPE.
The course also offers an insight into the legal implications of buying from overseas.
Upcoming start dates
Suitability - Who should attend?
Intended for all levels of purchasing personnel with responsibility for contracting and placing purchase orders with suppliers, sub-contractors and service providers.
The course will also benefit those involved in the procurement process such as engineering, technical, marketing and manufacturing personnel.
Legal Aspects of Purchasing Course Content
The Nature of Law
‘Law’ Defined / Sources of Law / Common and Statutory Law / Civil and Criminal Law / The European Union / Directives, Regulations and Decisions / Article 50 / Brexit.
The Law of Contract
Formation of Contract / Letters of Intent / Legal Status of Quotation, Order, Acknowledgement / Conditions of Sale versus Conditions of Purchase (‘the Battle of the Forms’).
Discharge of Contract
Performance / Agreement / Breach / Frustration / Creating ‘Absolute Obligations’ for Performance / Termination Clauses.
Remedies for Breach of Contract
Calculation / Damages / Liquidated Damages / Unliquidated Damages / Penalty Clauses / Ensuring Enforcement.
Sale of Goods Legislation
Supply of Goods (Implied Terms) Act 1973 / Sale of Goods Act 1979 / Supply of Goods and Services Act 1982 / Sale and Supply of Goods Act 1994.
‘Recent’ Legislation
The Bribery Act 2010 / Modern Slavery Act 2015 / Consumer Rights Act 2015 / Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
Contract Terms
Express & Implied Terms / Conditions & Warranties / Limitation & Exemption of Liability Terms / Unfair Contract Terms Act 1977.
International Legal Implications
Conflict of Legal Systems / Uniform Law / International Conventions Incorporated into National Law / Courts of Jurisdiction / Arbitration / The International Chamber of Commerce (ICC).
Practical Implications
Negotiating the Best Terms and Conditions / Protecting your Organisation’s Interests / Reducing Risk Exposure.
Training Course Content
The Nature of Law
‘Law’ Defined / Sources of Law / Common and Statutory Law / Civil and Criminal Law / The European Union / Directives, Regulations and Decisions / Article 50 / Brexit.
The Law of Contract
Formation of Contract / Letters of Intent / Legal Status of Quotation, Order, Acknowledgement / Conditions of Sale versus Conditions of Purchase (‘the Battle of the Forms’).
Discharge of Contract
Performance / Agreement / Breach / Frustration / Creating ‘Absolute Obligations’ for Performance / Termination Clauses.
Remedies for Breach of Contract
Calculation / Damages / Liquidated Damages / Unliquidated Damages / Penalty Clauses / Ensuring Enforcement.
Sale of Goods Legislation
Supply of Goods (Implied Terms) Act 1973 / Sale of Goods Act 1979 / Supply of Goods and Services Act 1982 / Sale and Supply of Goods Act 1994.
‘Recent’ Legislation
The Bribery Act 2010 / Modern Slavery Act 2015 / Consumer Rights Act 2015 / Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
Contract Terms
Express & Implied Terms / Conditions & Warranties / Limitation & Exemption of Liability Terms / Unfair Contract Terms Act 1977.
International Legal Implications
Conflict of Legal Systems / Uniform Law / International Conventions Incorporated into National Law / Courts of Jurisdiction / Arbitration / The International Chamber of Commerce (ICC).
Practical Implications
Negotiating the Best Terms and Conditions / Protecting your Organisation’s Interests / Reducing Risk Exposure.
Expenses
Contact Purchasing Management Services for further information.
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