legal aspects of procurement

This course is aimed at procurement professionals who wish to increase their knowledge and understanding of contract law provisions, principles and processes. The course also includes some treatment of non-contractual issues, including negligence liability and regulation of bribery and corruption.

It will explore relevant legal principles and recent court rulings and show how to apply this knowledge to general procurement practice. Previous experience of legal issues is not essential, although this course does build on the learning in Introduction to contracts.

By attending Legal aspects of procurement workshop, Participants will learn to:

  • Demonstrate a better understanding of standard contracts operating in participants own organisation
  • Identify the various risks that exist at the formation stage of contracting and how to address these
  • Demonstrate a clearer understanding of the potential liabilities and claims that can arise between buyers and suppliers when concluding contracts
  • Operate with a clearer awareness of the purpose behind a range of widely used contractual terms and conditions
  • Show a sound understanding of how suppliers' terms differ from buyers' terms and the reasons for these differences
  • Operate with enhanced knowledge of recent developments in the field of procurement law

COURSE AGENDA

  • Essentials for valid contracts
  • Electronic contracting
  • Battle of the forms
  • Relationship between express and implied terms
  • Impact of legislation on contract terms (including Sales of Goods Act 1979, Supply of Goods and Service Act, Unfair Contract Terms Act, Consumer Rights Act)
  • Meaning and significance, including delivery, payment, ownership and risk
  • Exclusion/limitation of liability
  • Force majeure
  • Liquidated damages
  • Contract variations
  • Indemnities
  • Assignment
  • Intellectual Property Rights
  • Dispute resolution

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