In-Company Short Training Courses in Procurement, Purchasing & Supply.

Course Title: Legal aspects of contracting.

The course is designed to:

Give a detailed overview of the use of applicable UK laws for the purchase of goods, services and works, and the licensing and purchase of intellectual property rights. It also covers relevant applications of laws regarding the rights of third parties in contract, the use of TUPE regulations in outsourcing of services contracts, and the regulations regarding agency as they apply to contracts.

Course aims:

To provide the student with a sufficiently in-depth understanding of the laws that are relevant to contracts for the sale and supply of goods, services, works and intellectual property as made under UK legal jurisdiction (and specifically English contract law). To enable them to interpret contract terms and develop and negotiate contractually binding legal positions with their suppliers. It will also be used to signpost to students the extent of their understanding and the need for informed legal advice for risk management in developing supply chain strategies and networks.

Learning outcomes – At the end of the module students will be expected to be able to:

  • Illustrate how English law is constructed and developed by the legal authorities and government.
  • Recognise and apply the applicable laws for the sale, supply and licensing of goods, works, services and there relevant intellectual property rights (IPR).
  • Outline, discuss and evaluate the statutory implied rights of contractees.
  • Evaluate how contracts are formed in UK law.
  • Illustrate how the terms of contract are determined in UK law courts.
  • Illustrate how English courts interpret terms in light of statute and precedence.
  • Deconstruct the laws relating to intellectual property rights (IPR) appropriately when faced with selected cases.
  • Understand the laws applicable to tendering for services, including third parties to contract and liability for harm.

Indicative Content:

English law and contracting for Goods and Services:

  • What is a contract in English Law?
  • What are the sources of contract law?
  • Applicable laws relating to the supply of goods and services and the relevant property rights.
  • Elements of a contract.
  • Privity of contract.
  • Privity of contract, what it is and why it exists.
  • Consequences for the innocent third party.
  • Managing Privity issues.

The structure of contracts:

  • Contractual terms.
  • Applying the implied terms for the supply of goods.
  • Understanding the implied terms for the supply of services.
  • Unfair Contract Terms Act and Contracts (Rights of Third Parties) Act.
  • Common Express Terms.

Law and the performance of contract:

  • Managing Breach of Contract.
  • Dispute in law.

Other laws applicable to contracts:

  • The law of negligence and contract tort.
  • TUPE.
  • Competition Law.
  • Freedom of Information.

Intellectual Property Rights and the law:

  • What are intellectual property rights?
  • Protecting in your organisation’s intelectual property.
  • Ensuring your organisation does not infringe someone elses intelectual property.

Further reading:

The course will identify and cover in full detailed learning outcomes required for assessment purposes. However, if you wish to read further in order to supplement your learning and cement your understanding of the course, content, aims, and purposes, we recommend the following book(s):

Smith and Keenan’s English Law – Wild and Weinstein.

Law for purchasing and supply – Margaret Griffiths and Ivor Griffiths.