Legal aspects of contracting and procurement
Full details below or download course outline.
This very practical one-day IACCM-approved programme provides participants with an overview of the legal system with regard to contracting for the purchase of goods and services. It enables them to create contracts that are legally binding, identifying key risks and highlighting when specialist advice is needed, and balancing commercial considerations with corporate social responsibility.
By the end of the programme participants will be able to:
- Understand key sources and principles of the English legal system
- Describe the seven key elements needed for contract formation and relate them to their own procurement process
- Explain how terms are incorporated in the contract and interpreted by the courts to ensure their organisation’s interests are protected
- Differentiate between express and implied terms and conditions and warranties
- Understand the different types of business that they might contract with and what difference this makes to their contracts
- Identify key legislation which shapes contracting behaviour
- Illustrate the ways in which contracts can be ended
- Outline ways to optimise added value through the duration of the contract
- Discuss and evaluate the key contractual terms for their organisation
- Understand what to do if there is a change in a supplier’s status
- Evaluate applicable remedies in event of dispute
- Recognise the impact of tort law and where it applies
This course is designed for anyone in the contracting or procurement field who would benefit from a legal overview or refresher. This could include commercial managers, end-users, technical experts, proponents, project managers, finance staff, internal customers, and other key stakeholders who need to collaborate with procurement and contracting to develop a fuller understanding of the legalities of contracting and procurement activities.
The expert trainer for this practical one-day programme adopts a proactive, participative, and participant-centred approach with emphasis on the practical application of the tools, techniques and templates discussed. The learning needs to be embedded into the fabric of the organisation and the trainer uses context-based case studies and other tasks to achieve this.
The content of this course has been cross mapped with CIPS/ISM/IACCM competency frameworks and other relevant international standards and benchmarks.
The majority of the training we deliver is either tailored or completely bespoke. This workshop can therefore be delivered entirely as advertised, or it can be tailored to your particular requirements, or we can simply take it as a starting point for a conversation with you before we draft a completely bespoke programme for you – the choice is yours.
Ray runs his own international training and development consultancy, made up of 25 specialist consultants. A prolific author, his fourth book, Practical Contract Management, with Steve Kirby and Alan Oxenbury, was published in 2012. He has also had numerous articles and papers published in journals such as Supply Management and the Centre for Advanced Procurement’s Praxis publication.
Ray is Chairman of the Procurement Best Practice Forum, which is made up of many large blue-chip organisations, the purpose of which is to identify and disseminate supply chain management best practices. Ray’s now famous ‘10 Cs’ of supplier evaluation model, first published in 1995, has become an accepted model for the evaluation of suppliers and contractors and has been adopted by many organisations. It is also part of the CIPS level 4 syllabus.
In recent years, he has undertaken training and consultancy assignments across the UK and around the world for organisations such as DWP, NHS, Shell, Lucas Engineering and Systems, the Chartered Institute of Purchasing and Supply, BRC, Nederlandse Aardolie Maatschappij.B.V, Abu Dhabi Company for Onshore Oil Operations (ZADCO), NDC, UK Intervention Board, Ericsson, British Aerospace, Marconi, BBC, Magnox, Ordnance Survey, Chevron, Caspian Pipeline Consortium, Tengzichevroil Company, Medway Council, Coca-Cola and Shell International BV.
Legal aspects of contracting and procurement – course outline
- Introductions, aims and objectives and plan for the day
2 Overview of the English legal system
- Criminal and civil law
- Statute and common law
- How contracts are formed
- Consideration, etc
4 Legal entities
- Types of business organisations
- Their legal obligations
- How contracts are discharged
- Contract management
- Contract performance
- Breach of contract
6 Terms I
- Creation of express terms
- Key contractual clauses
- Remedies in the event of breach of contract
- Liquidated and unliquidated damages
8 Terms II
- Implied terms
- Statute law
- Common law
- Custom and practice
- Consumer protection
- UK competition law
10 Intellectual property
- What are intellectual property rights?
- How to protect them
11 Commercial and ethical considerations
- Review of key learning points
- Personal action planning