SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the law of contract to purchasing 
SAQA US ID UNIT STANDARD TITLE
377580  Apply the law of contract to purchasing 
ORIGINATOR
SGB Food 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 06 - Manufacturing, Engineering and Technology Manufacturing and Assembly 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  NQF Level 05 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is intended for learners in purchasing in a food manufacturing environment and those who manage contracts in manufacturing and logistics.

The qualifying learner is capable of:
  • Explaining the law of contract as applied in purchasing.
  • Explaining the application of legal capacity in an contract.
  • Interpreting the basic principles required for a contract to be legally binding.
  • Evaluating a proposed contract. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in Communication and Mathematical Literacy at NQF Level 3. 

    UNIT STANDARD RANGE 
    The typical scope of this Unit Standard is legislation relevant to a sector:
  • Essential elements of the law of contract are offer, acceptance, consensus, legal capacity and bona fides.
  • The basic principles of a contract are insurable interest, bona fides and disclosures of material facts.
  • Legal capacity includes, reference to the application of legislation, entering into a contract and breach. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the law of contract as applied in procurement. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of the law of contract is explained with reference to its essential elements and how an agreement is bound by the law of contract. 

    ASSESSMENT CRITERION 2 
    Evidence that is required for an agreement to be legally binding is named for all types of contracts. 

    ASSESSMENT CRITERION 3 
    The parties to a contract are named for a selected sub-sector. 

    SPECIFIC OUTCOME 2 
    Explain the application of legal capacity in a contract. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of legal capacity is explained with examples of how it is applied in procurement. 

    ASSESSMENT CRITERION 2 
    The difference between legal capacity for different types of legal entities is explained with examples. 

    ASSESSMENT CRITERION 3 
    Three examples of case law are analysed and discussed in terms of the precedents set. 

    SPECIFIC OUTCOME 3 
    Interpret the basic principles required for a contract to be legally binding. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The basic principles of a contract are explained with examples. 

    ASSESSMENT CRITERION 2 
    Conditions under which a contract is not legally binding are explained with examples. 

    SPECIFIC OUTCOME 4 
    Evaluate a proposed contract. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A proposal is analysed in terms of risk and the law of contract as applied to the purchase of goods and services. 

    ASSESSMENT CRITERION 2 
    Business rules that are applied in addition to legal requirements are identified for terms and conditions of a purchasing contract or tender and an indication is given of why the organisation applies the requirement(s). 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a candidate against this Unit Standard must be registered as an assessor with the relevant ETQA or ETQA where a Memorandum of Understanding (MOU) exists with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard must be accredited as a provider through the relevant ETQA or ETQA where a Memorandum of Understanding (MOU) exists with the relevant ETQA.
  • Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines and the agreed ETQA procedures. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    N/A 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners are capable of identifying and solving problems in which responses show that responsible decisions using critical and creative thinking have been made in identifying conditions under which a contract is not legally binding from case studies. 

    UNIT STANDARD CCFO COLLECTING 
    Learners are capable of collecting, organising and critically evaluating information in analysing case law in terms of precedents. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners are capable of communicating effectively in discussing case law and explaining the issues in the Unit Standard. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  80686   National Diploma: Supply Chain Management: Sensitive Consumer Products  Level 6  NQF Level 06  Reregistered  2023-06-30  FOODBEV 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.