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Law for Purchasing and Supply

Margaret GriffithsPrincipal Lecturer in Law, Department of Law and Finance, University of Glamorgan

ISBN13: 9780273604297
ISBN: 0273604295
Published: June 1996
Publisher: Pearson Education Ltd
Format: Paperback
Price: Out of print





This text aims to provide a clear and comprehensive exposition of the law relating to purchasing and supply. Written for students with a relatively basic knowledge of the law, it helps readers understand and appreciate the legal issues that they might encounter in everyday business.;Examining civil and criminal controls governing purchasing and supply law, the book is divided into seven parts. Each chapter introduces a topic area, explains the law relating to it and gives examples of how the law would apply in particular circumstances. The explanation of the topic involves the application of case law for which the relevant facts are provided and statutory material quoted.;Primarily written for foundation students and those taking the core legal applications paper of the Professional Diploma of the CIPS, this text should also be suitable for HND and degree students taking purchasing courses.

Contents:
Part 1: The Use of Contract - 1. Contract formation Offer and acceptance / The intention to create legal relations / Standard form contracts - the battle of the forms / Contractual capacity (particularly of companies) / 2. Contractual Terms / Representations and terms /Conditions, innominate terms and warranties / The effect of the distinction I The nature of the term as opposed to effect of the breach / 3 Vitiating Factors / Mistake and misrepresentation duress and undue influence / 4. Exclusion Clauses The common law / The incorporation of clauses / The contra proferentum rule / The Unfair Contract Terms Act 1977 - void terms and those subject to the test of reasonableness / The meaning of reasonableness I S. Termination and Remedies Contractual termination comprising bilateral agreement, frustration, performance and breach/remedies for breach / 6. Agency / Contracts of agency / Types of authority - actual authority, apparent authority / Duties and liabilities of the parties / Remedies for breach / Part 2: The Supply of Goods and Services - 7. The Implied Conditions The implied conditions for goods and services / The Sale of Goods Act 1979. s.12 - title. s.
13 description. s.
14 - merchantability & fitness for purpose. s.
15 - sale by sample / exclusion of the above terms / 8. The Implied Terms for Services / The Supply of Goods and Services Act 1982. Part I The implied conditions / Part II - the implied terms.-,. s.
13 - reasonable care and skill. s.
14 - time for performance. s.
15 - reasonable payment / The exclusion of the above terms / 9. 'Me Passage of Title and Risk / The Sale of Goods Act 1979. ss.
16-20 Specific and unascertained goods. The rules of passage and risk. ss.21-25 passage of title by a non-owner. / Part 3: Law of Tort - 10. Negligence The duty of care / The standard of care / Breach of duty / Damage and the causal link / The foreseeability of damages / Contributory negligence / Defences / II Product Liability / The Consumer Protection Act 1987, Part I / The concept of strict liability The meaning of defective / Potential defendants / Defences / Recoverable beads of damage / Limitation and cut-off periods / Part 4: Consumer Protection - 12. Consumer Credit / The Consumer Credit Act 1974 / Types of credit business / The licensing controls / The copy provisions / Joint liability / Canvassing off-trade premises / Default and termination / Extortionate credit 13. Liability for false statements / Trade Descriptions Act 1968 / s. I - false trade descriptions about goods / s.
14 - false trade descriptions about services / Disclaimers and defences; Local authority enforcement powers / The Consumer Protection Act 1987 - Part III / Misleading statements as to prices / 14. Consumer Safety / Consumer Protection Act 1987 - Part II - s. IO - the general safety requirement / Regulations under section II to control specific unsafe goods / Offences and defences / The use of preventative measures