Law of Purchasing, 2d

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Law of Purchasing captures more than two decades of the work and experience of William A. Hancock, one of the country's foremost experts on purchasing law. It provides comprehensive coverage of the law of purchasing, as well as practical advice for evaluating procurement practices and negotiating purchasing transactions. Among the dozens of topics discussed, you will find information on:

• The law of mistake

• International sourcing

• Computer contracts

• E-commerce

• Antitrust

• Quantum meruit

• Commercial fraud

• Construction contracts

• OSHA/environment

• Bankruptcy

• And more

This title contains material on government contracting, Article 2 of the UCC, and international trade.

Summary of contents

Volume 1
- Chapter
  1. Scope of Article 2 and Consequences of Its Application
  2. The Good Faith Requirements under Article 2
  3. Contracts Include Both Actions and Words
  4. The Statute of Limitations
  5. The Requirement of a Record
  6. The Doctrine of Unconscionability
  7. The Battle of the Forms
  8. Requirements Contracts
  9. Risk of Loss and Shipping Terms
  10. The Seller’s Right to Cure
  11. The Importance of Acceptance
  12. Buyer’s Rights before Performance Is Due — Adequate Assurance of Performance Installment Contracts, and Anticipatory Repudiation
  13. Buyer’s Right to Cover
  14. Buyer’s Remedies
  15. .1 — Liquidated Damages
  16. Commercial Impracticability as Excuse for Contract Performance
  17. Warranties
  18. .1 — The Implied Warranty of Merchantability
  19. Warranty Disclaimers and Remedy Limitations
  20. Article 2A: Leases
  21. [Reserved]
  22. When Do We Have a Contract?
  23. Economic Duress
  24. The Law of Mistake
  25. Quantum Meruit
  26. [Reserved]
  27. Best Efforts Clauses
  28. - 29 — [Reserved]
Volume 2
- Chapter
  1. The Law of Agency
  2. A Purchasing Guide to Article 9 — Secured Transactions
  3. Bankruptcy Law — What Purchasers Need to Know
  4. What Purchasers Need to Know about the Antitrust Laws
  5. Overview of the Robinson-Patman Act
  6. The Antitrust Aspects of Joint Purchasing Arrangements
  7. Consumer Product Safety Act
  8. [Reserved]
  9. Commercial Bribery
  10. What Purchasers Need to Know about OSHA and the Environmental Laws
  11. What Purchasers Need to Know about Equal Employment Opportunity Laws
  12. Libel, Slander, Defamation, Invasion of Privacy, and Disparagement
  13. [Reserved]
  14. The Application of State Consumer Protection Laws to Commercial Buyers
  15. [Reserved]
  16. Purchaser’s Guide to Patents, Trademarks, and Copyrights
  17. Purchaser’s Guide to Trade Secret and Confidential Information
  18. - 50 — [Reserved]
  19. Tort Remedies for Contract Damages
  20. Commercial Fraud
  21. Punitive Damages in Breach of Contract Cases
  22. - 59 — [Reserved]
  23. Contracts for Work to Be Done on Your Premises
  24. [Reserved]
  25. Guide to Consulting Agreements
  26. Outsourcing Manufacturing Requirements
  27. Purchaser’s Guide to Commercial Arbitration
  28. Checklist for Avoiding Litigation in Commercial Procurement
  29. The Duty of Disclosure in Commercial Negotiations
  30. Corporate Counsel’s Guide to Letters of Intent
  31. [Reserved]
  32. An Overview of Capital Equipment Purchasing
  33. - 74 — [Reserved]
  34. Doing Business with the Government
  35. Approval of Subcontracts
  36. Cost and Price Analysis in Federal Subcontracts
  37. Simplified Acquisition Procedures
  38. Acquisition of Commercial Items
  39. Purchasing from Preferred Small Business Concerns
Volume 3
- Chapter
  1. The Requirement of Competition
  2. Special Contracting Methods: Options
  3. Rights of the Government in Technical Data and Computer Software
  4. Bid Protests
  5. Termination for Convenience Clauses
  6. The Anti-Kickback Act of 1986
  7. The False Claims Act
  8. The Program Fraud Civil Remedies Act
  9. Resources for Government Contractors
  10. General Legal Rules of Computer Contracting
  11. Using a Request for Proposal
  12. Hardware Contracts
  13. Software Licensing — Company Policies and Procedures
  14. .1 — Negotiating a Computer Software Contract: The Licensee’s Perspective
  15. .2 — [Reserved]
  16. .3 — Trial and Test/Beta Test Agreements
  17. .4 — Contracting for Programming Services
  18. .5 — Source Code Escrow Agreements
  19. .6 — Open Source Software
  20. Maintenance Agreements
  21. Training
  22. Turnkey Systems
  23. Service Bureau Agreements
  24. - 99 — [Reserved]
  25. Legal Issues of International Sourcing
  26. An Overview of the Business and Legal Aspects of Un-Responsible Global Sourcing
  27. [Reserved]
Volume 4
- Chapter
  1. A Basic Guide to U.S. Customs Law
  2. [Reserved]
  3. Letters of Credit
  4. International Arbitration
  5. The Convention on Contracts for the International Sale of Goods Compared with the Uniform Commercial Code
  6. Primer on the Buy American Act
  7. - 119 — [Reserved]
  8. Fifty Common Legal Red Flags for Purchasers
  9. Do You Need a Company Policy Statement on Contracts?
  10. True/False Questions on Articles 1 and 2 of the Uniform Commercial Code
  11. A Legal Audit of the Purchasing Function
  12. - 127 — [Reserved]
  13. Purchasing Resolves
  14. [Reserved]
  15. Robinson-Patman Act Negotiation Quiz
  16. Purchasing Quiz on the Legal Aspects of Bidding and Negotiating Practices
  17. Quiz on the Continuing Relationship Contract
  18. - 139 — [Reserved]
  19. The Uniform Computer Information Transactions Act
  20. The Uniform Electronic Transactions Act
  21. Electronic Signatures in Global and National Commerce Act
  22. - 149 — [Reserved]
  23. Electronic Marketplaces
- Glossary of Common Terms Associated with Purchasing and Purchasing-Related Transactions
- Internet Sites Containing Information on the Uniform Commercial Code
- Subject Index
- Case Index
- Statutory Index