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

Contract law and negotiation

Contract Law and Negotiation

Chapter 1: Contract Formation Process Between Supplier and Purchaser

  • Key Terms
  • Essential Elements of a Valid commercial Agreement
  • Void, Voidable, and Unenforceable Contracts
  • Oral, Written Contracts and Electronic Contracting
  • Precedence of Legal Terms that Apply in Contracts
  • Review Questions
  • Further Reading
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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.




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