Legal Aspects of Purchasing and Supply Chain Management
All purchasing activities take place within a context of legal regulation, a context that has been taking on increasing importance in recent years. There are a number of reasons for this development. Our involvement in the European Union has resulted in a steady flow of Regulations and Directives imposing additional rules and procedures relating to such issues as tenders, anti-competitive practices, transfer of undertakings, electronic trading and intellectual property rights. There is also a culture change within the UK that has resulted in
consumers and businesses becoming increasingly aware of their legal rights and entitlements.
It has therefore never been more important for purchasing practitioners to have a basic understanding of the major legal issues and principles that impact on their work. This book provides a clear and concise account of the underlying legal principles which affect the purchasing function. It is also a useful revision book for candidates studying for the ‘Legal Aspects for Purchasing & Supply’ paper at Level Six of the Chartered Institute of Purchasing and Supply Graduate Diploma. It covers the essential legal themes, focussing on common examination topics, and takes into account the changes to the unit specification in 2007, including the widening of dispute resolution procedures to include mediation, conciliation and adjudication and the addition of the Freedom of Information Act 2000. Reforms in the law relating to the transfer of undertakings (TUPE) and the European
public procurement rules have also been included. It also develops Competition Law and Intellectual Property Rights in more detail than is usually found in general works on commercial and business law.
The book provides practical guidance on examination technique, especially relating to answering legal case studies. Advice on the approach to the study and revision of case law is also featured. A new component of the third edition is an additional appendix which contains recent cases involving procurement law issues. These are kept separate from the main body of the book and are not essential for purposes of revising for the Legal Aspects exam. However, they do provide useful examples of how the courts have been interpreting the law in relation to a wide range of procurement activities in the recent past.
These include the EU public procurement rules, contract formation, assessment of claimable damages, limitations of liability, the Transfer of Undertakings (Protection of Employment) Regulations, the Freedom of Information Act, and the Late Payment of Commercial Debts (Interest) Act.
Table of Contents:
Chapter One: Contract Formation 1
Chapter Two: Offer & Acceptance 7
Chapter Three: Practical Applications 15
Chapter Four: Consideration & Duress 21
Chapter Five: Major Vitiating Factors 29
Chapter Six: Contents of Contract – Contractual Terms 37
Chapter Seven: Remedies for Breach 47
Chapter Eight: Exclusion Clauses 55
Chapter Nine: Discharge of Contract 65
Chapter Ten: Statutory Protection – Buyers’ Rights 73
Chapter Eleven: Transfer of Property 87
Chapter Twelve: Transfer of Title 95
Chapter Thirteen: Non-Contractual Liability 101
Chapter Fourteen: Agency, Assignment & Bailment 117
Chapter Fifteen: Competition Law 123
Chapter Sixteen: Intellectual Property Rights 153
Chapter Seventeen: International Trade – Documentation 191
Chapter Eighteen: International Sale of Goods 205
Chapter Nineteen: Dispute Resolution 209
Chapter Twenty: Legal Aspects of Tendering & Outsourcing 219
Chapter Twenty One: The Freedom of Information Act 2000 241
Chapter Twenty Two: Insurance Law 247
Appendix One: Answering Case Studies in Law Examinations 261
Appendix Two: Legal Case Studies – How to approach their analysis 267
Appendix Three: Example of Exam Technique – Approach to Questions on
Third Party Liability 269
Appendix Four: ‘Landmark’ Cases 273
Appendix Five: Revision Questions 277
NEW Appendix Six: Recent Cases on Procurement Law 289
Ian has worked in a consultancy capacity for a number of organisations in recent years including the Chartered Institute of Purchasing & Supply for a review of its Graduate Diploma. Other consultancy work involved the Qualifications & Curriculum Authority & EdExcel. Much of his training involvement has been in-company (both in the public and private sectors), raising awareness of the role and meaning of company terms and conditions for procurement staff and others with contract management responsibilities. Ian has substantial experience in delivering professional and management programmes relating to procurement law. Topics have included contract law, drafting of effective terms and conditions, contract management, and the implications of TUPE on outsourcing activities.
His style is informal and 'user-friendly', encouraging extensive group participation and interaction - an approach that has been extremely effective in the field of legal training.
Ian is an examiner for the CIPS at the Foundation Stage of the Graduate Diploma (Legal & Procurement Processes).
He has produced Study guides on Legal Modules for a number of organisations and has written articles for Supply Management on legal issues. HIs book on Purchasing Law was published in 2005.
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