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Learning outcomes
1.0 Understand the legal and process issues relating to the formation of contracts
1.1 Identify the issues relating to the formation of contracts and the associated risks
Offers
Counter offers
Acceptance
Precedence of documents
Contract change
Contract variations
1.2 Analyse the implications of the various elements of contractual documentation and process on overall risk
Indemnities and liabilities
Insurances
Guarantees
Liquidated damages
Payment
Delivery and completion
2.0 Understand the impacts of breach of contract and coping strategies and provisions that are available
2.1 Analyse the different levels of breach of contract and their impact
Minor breach
Major breach
Fundamental breach
Anticipatory breach
2.2 Compare and contrast the tools and techniques available to resolve a breach of contract
Negotiation
Mediation
Conciliation and expert determination
Adjudication
Arbitration
Litigation and legal implications
Formal vs. informal action
2.3 Explain different organisational responses to a breach of contract
Subcontracting
Penalty clauses
Reputational damage
Claims management process
3.0 Understand the legal implications of contractual non- conformance in procurement and supply
3.1 Contrast remedies that apply to the non-performance of contracts in procurement and supply
Contractual provisions on performance
Clauses for default
Penalties, liquidated damages and unliquidated damages
Assessment of consequential loss
Service credits
Serving notices
3.2 Analyse the legal consequences of terminating a relationship in procurement and supply
Assessment of damages
Contractual warranties and conditions
Specific performance
Termination clauses
3.3 Compare mechanisms for dispute resolution for resolving conflicts in procurement and supply
Mechanisms for dispute resolution such as:
negotiation, alternative dispute resolution (ADR), adjudication, arbitration and litigation involving lawyers