Whereas the law provides for specific considerations in the tendering process, the performance of contracts arising therefrom may have limited the reliance placed on ‘pacta sunt servanda’ in certain circumstances. In view of the statement, a) Explain the legal considerations to be observed by buyers in the tendering process. b) Describe the circumstances under which the application of ‘pacta sunt servanda’ is waived in supply chain operations. c) Examine the requirement of the following legal maxims on the part of buyers: i) Nemo judex im causa sua. ii) Quantum meruit.

a) Legal considerations to be observed by buyers in the tendering process:

1. Compliance with the Law: Buyers must ensure that the tendering process complies with all relevant laws and regulations. This includes laws related to competition, anti-corruption, and procurement.

2. Fairness and Transparency: The tendering process should be fair and transparent. All potential suppliers should be given equal opportunity to bid and the criteria for selection should be clear and objective.

3. Confidentiality: Buyers must respect the confidentiality of the information provided by the bidders. This includes commercial secrets, financial information, and other sensitive data.

4. Contract Terms: The terms of the contract arising from the tender should be clear and enforceable. Buyers should ensure that they understand and agree to all terms before entering into the contract.

b) Circumstances under which the application of ‘pacta sunt servanda’ is waived in supply chain operations:

1. Force Majeure: In cases of unforeseen circumstances such as natural disasters, war, or other events beyond the control of the parties, the principle of 'pacta sunt servanda' may be waived.

2. Material Breach: If one party materially breaches the contract, the other party may be released from their obligations under the principle of 'pacta sunt servanda'.

3. Mutual Agreement: The parties may mutually agree to waive the principle of 'pacta sunt servanda'. This usually occurs when the parties agree to modify or terminate the contract.

c) Requirement of the following legal maxims on the part of buyers:

i) Nemo judex in causa sua: This legal maxim means 'no one should be a judge in his own cause'. In the context of procurement, this means that buyers should not have a personal interest in the outcome of the tendering process. They should make decisions objectively and without bias.

ii) Quantum meruit: This legal maxim means 'as much as he has earned'. In the context of procurement, this means that buyers should pay suppliers a fair price for their goods or services. This price should reflect the value of the goods or services provided.