Contract Law and Negotiation Module handbook notes -CPSP Part 1 notes

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Chapter 2: The Express and Implied Terms that Relate to Contracts in Procurement and Supply

• Definition of ‘Express’ and ‘Implied’ Terms
• The Express Terms that are Commonly Applied in Contracts in Procurement and Supply of Goods
• Implied Terms in Contracts for the Procurement and Supply of Services
• Terms of Sontract under the Public Procurement and Disposal Act 2015
• Review Questions
• Further Reading

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Chapter 3: Contractual Agreements and Their Impact on Relationships among Different Parties in Procurement and Supply

• Types of Contractual Agreements
• Law of Agency
• Bailment
• Doctrine of Privity of Contract
• Assignment and Sub-contracting
• Tort of Negligence
• Intellectual Property: Copyright, Patents, and Trademarks.
• Confidentiality and Non-disclosure Agreements
• Competition Law
• Bribery, Money-laundering, and Corruption
• Review Questions
• Further Reading

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Chapter 4: Termination of Contracts in Procurement and Supply

• Circumstances under Which a Contract May be Terminated
• Remedies for Breach of Contract
• Penalty Clauses
• Limitation of Liability
• Contractual Provisions for Performance
• Clauses for Default
• Legal Consequences of Terminating Contracts
• Review Questions
• Further Reading

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Chapter 5: Contract Negotiations

• Definition of Terms
• Importance of Contract Negotiations
• Setting Objectives in Contract Negotiations
• Factors Influencing Negotiations
• Theories of Negotiation
• Types of Negotiations
• Characteristics of Effective Negotiations
• Challenges and Barriers to Effective Negotiation
• Case Study/Example
• Review Questions
• Further Reading

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Chapter 6: Approaches and Techniques in Contract Negotiations

• Definition of Terms
• Approaches to Negotiations
• Techniques of Negotiation
• Case Study/Example
• Review Questions
• Further Reading

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Chapter 7: Negotiation Resources, Processes and Relationships

• Definition of Terms
• Location
• Negotiators/Participants
• Tools of Communication
• Layout and Surroundings in Negotiations
• Generic Stages of the Negotiation Process
• Relationship Continuum/Spectrum
• Key Elements in Effective Supplier Relationship in Contract Negotiations
• Open Book Negotiations
• Repairing Relationships in Contract Negotiation
• Case Study/Example
• Review Questions
• Further Reading

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Chapter 8 Communication Skills in Negotiation

• Introduction
• Communication Skills
• Influence of Culture on Negotiations
• Revision Questions

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Chapter 9: Dispute Resolution in Contract and Negotiations

• Introduction
• Circumstances under Which Contractual Disputes Arise
• Approaches to Dispute Resolution
• Alternative Dispute Resolution Mechanisms
• Styles of Handling Conflict
• Revision Questions

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Chapter 10: Ethical and Legal Issues in Contract Negotiations

• Meaning and Purpose of Ethics In Contract Negotiations
• Steps in Ethical Negotiations.
• Reasons for Unethical Behaviour in Contract Negotiations
• Consequences of Unethical Behaviour in Contract Negotiations
• Legal Issues in Contract Negotiations
• Features of International Procurement and Supply Contracts
• Challenges Associated with International Contracts of Purchasing and Supply
• Legal Systems
• Revision Questions

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Chapter 11: Emerging Issues and Trends in Contract Law and Negotiation

• Emerging Issues and Trends in Contract Law and Negotiation
• Challenges and Opportunities Posed by Emerging Trends,
• Coping with Emerging Trends in Contract Law and Negotiations.
• Revision Questions.