Additional Information
Book Details
Abstract
Law for Purchasing and Supply divides this complex area of the law into five logical parts: chapters introduce a topic area, explain the relevant law and give examples of how the law is applied in practice. This step-by-step approach enables the authors to maintain a comprehensive coverage of the subject, while ensuring it remains accessible.
Law for Purchasing and Supply, 3rd edition, has been fully updated to take account of new legislation and case law, including the introduction of the Competition Act 1998 and recent judicial decisions which, together with incoming European legislation, affect basic rights under the Sale of Goods. The relationship between civil and criminal law in this area is examined and the implications of future developments are discussed.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Law for Purchasing and Supply | i | ||
| Contents | v | ||
| Preface | xv | ||
| Table of cases | xvii | ||
| Table of legislation | xxix | ||
| The law of contract | 1 | ||
| Contract formation | 3 | ||
| Introduction | 3 | ||
| Offer and acceptance | 3 | ||
| Invitations to treat | 3 | ||
| Status of tenders | 4 | ||
| Offers | 4 | ||
| Tenders | 7 | ||
| Acceptance | 9 | ||
| Consideration | 12 | ||
| Intention to create legal relations | 17 | ||
| Contractual capacity | 18 | ||
| Privity of contract | 20 | ||
| Question and answer | 22 | ||
| Further reading | 23 | ||
| Contractual terms and formalities | 24 | ||
| Formalities | 24 | ||
| Terms of the contract | 25 | ||
| Express and implied terms | 26 | ||
| Conditions, innominate terms and warranties | 30 | ||
| Question and answer | 32 | ||
| Further reading | 33 | ||
| Vitiating factors | 34 | ||
| Mistake | 34 | ||
| Misrepresentation | 39 | ||
| Duress and undue influence | 43 | ||
| Illegality and invalidity | 46 | ||
| Question and answer | 48 | ||
| Further reading | 49 | ||
| Exclusion clauses | 50 | ||
| Common law control | 50 | ||
| Statutory control | 53 | ||
| Unfair Contract Terms Act 1977 | 53 | ||
| Unfair Terms in Consumer Contracts Regulations 1999 | 58 | ||
| Criminal control | 61 | ||
| Question and answer | 61 | ||
| Further reading | 62 | ||
| Termination and remedies | 63 | ||
| Introduction | 63 | ||
| Performance | 63 | ||
| Agreement | 64 | ||
| Frustration | 65 | ||
| Breach | 66 | ||
| Remedies | 67 | ||
| Question and answer | 71 | ||
| Further reading | 72 | ||
| The law of agency | 73 | ||
| Introduction | 73 | ||
| The role of an agent | 73 | ||
| The creation of an agency | 74 | ||
| Authority | 74 | ||
| Duties arising from agency | 80 | ||
| The principal/agent relationship | 80 | ||
| The principal/third party relationship | 84 | ||
| The agent/third party relationship | 86 | ||
| Termination of agency | 86 | ||
| Commercial Agents (Council Directive) Regulations 1993 | 87 | ||
| Question and answer | 91 | ||
| Further reading | 91 | ||
| The supply of goods and services | 93 | ||
| Implied conditions in the sale of goods | 95 | ||
| Introduction | 95 | ||
| A ‘contract of sale’ | 96 | ||
| The right to sell | 97 | ||
| Sale by description | 99 | ||
| Satisfactory quality | 102 | ||
| Fitness for purpose | 110 | ||
| Sales by sample | 112 | ||
| Acceptance | 113 | ||
| Modification of remedies | 113 | ||
| Exclusion of liability | 114 | ||
| European reform | 115 | ||
| Question and answer | 118 | ||
| Further reading | 119 | ||
| The supply of goods and services | 120 | ||
| Introduction | 120 | ||
| Part I – implied conditions | 120 | ||
| Implied terms in services | 122 | ||
| Question and answer | 125 | ||
| Further reading | 126 | ||
| The law of tort | 161 | ||
| Negligence | 163 | ||
| Introduction | 163 | ||
| Duty of care | 163 | ||
| Causation | 167 | ||
| Defences | 167 | ||
| Recoverable damage | 168 | ||
| Negligent misstatement | 172 | ||
| Vicarious liability | 175 | ||
| Question and answer | 176 | ||
| Further reading | 176 | ||
| Product liability | 177 | ||
| Introduction | 177 | ||
| The American experience | 177 | ||
| Consumer Protection Act 1987 | 179 | ||
| Question and answer | 188 | ||
| Further reading | 189 | ||
| Consumer protection | 191 | ||
| Criminal liability for false statements | 193 | ||
| Introduction | 193 | ||
| Trade Descriptions Act 1968 | 193 | ||
| Prices | 207 | ||
| Property misdescriptions | 211 | ||
| Question and answer | 212 | ||
| Further reading | 213 | ||
| Product safety | 214 | ||
| Introduction | 214 | ||
| General Product Safety Regulations | 214 | ||
| Consumer Protection Act 1987 | 218 | ||
| Health and Safety at Work etc Act 1974 | 224 | ||
| Question and answer | 227 | ||
| Further reading | 228 | ||
| Food safety | 229 | ||
| Introduction | 229 | ||
| Food | 229 | ||
| Sale and commercial operations | 230 | ||
| Food safety offences | 231 | ||
| Notices and orders | 234 | ||
| Consumer protection | 237 | ||
| Regulations | 239 | ||
| Codes of practice | 239 | ||
| Defences | 240 | ||
| Enforcement | 241 | ||
| Food Standards Agency | 241 | ||
| Question and answer | 244 | ||
| Further reading | 244 | ||
| Weights and measures | 245 | ||
| Introduction | 245 | ||
| Offences of short weight or measure | 245 | ||
| Regulated packages | 248 | ||
| Question and answer | 250 | ||
| Further reading | 250 | ||
| Related legislation | 251 | ||
| Legal aspects of outsourcing | 253 | ||
| Introduction | 253 | ||
| Tenders | 253 | ||
| Letters of intent and letters of comfort | 255 | ||
| EU Public Procurement Directives | 256 | ||
| Compulsory competitive tendering | 260 | ||
| Transfer of undertakings | 262 | ||
| Question and answer | 266 | ||
| Further reading | 267 | ||
| Competition law | 268 | ||
| Introduction | 268 | ||
| Competition Act 1998 | 269 | ||
| Part I of the 1998 Act | 269 | ||
| Chapter I | 269 | ||
| Chapter II | 274 | ||
| Fair Trading Act 1973 | 276 | ||
| Articles 81 and 82 EC | 279 | ||
| Question and answer | 281 | ||
| Further reading | 282 | ||
| Intellectual property | 283 | ||
| Introduction | 283 | ||
| Breach of confidence and passing off | 283 | ||
| Patents | 286 | ||
| Copyright | 290 | ||
| Designs | 294 | ||
| Trade marks | 296 | ||
| Question and answer | 306 | ||
| Further reading | 306 | ||
| International trade | 307 | ||
| Introduction | 307 | ||
| Bills of lading | 308 | ||
| C.i.f. and f.o.b. contracts | 312 | ||
| Documentary credits | 314 | ||
| Question and answer | 316 | ||
| Further reading | 316 | ||
| Insurance | 317 | ||
| Introduction | 317 | ||
| Types of insurance | 317 | ||
| Insurable interest | 318 | ||
| The contract | 319 | ||
| Terms of the contract | 322 | ||
| The role of agents | 323 | ||
| Claims | 323 | ||
| Subrogation | 325 | ||
| Question and answer | 326 | ||
| Further reading | 326 | ||
| Index | 327 |