Business Law/Commercial Law: Summary notes

Business Law| Commercial Law| Introduction to Law notes

Suitable for those studying Professional courses, Certificates, Diplomas, and Business Degrees

Topics covered

Business Law| Commercial Law Revision Questions and Answers

1 . THE NATURE AND SOURCES OF LAW – Click here to view these notes

• Law defined
• The State
• Classification of law
• Meaning of law
• Advantages of written law
• Disadvantages of written law
• Sovereignty of Parliament
• Constitutional amendments
• Common law
• Equity
• Legislation
• Rules of interpretation
• Judicial precedents
• Ratio decidendi
• Obiter dicta
• Stare Decisis
• Per incurium judgement
• Decision of Commonwealth Countries Law Reporting
• Textbooks as source of law
• Customary law

2. THE STRUCTURE OF COURTS IN KENYA – Click here to view these notes

• The Administration of justice
• The judiciary
• Judicial Service Commission
• The Attorney – General
• District Magistrates’ courts Resident Magistrates’ courts
• Civil jurisdiction
• Criminal jurisdiction –
• Kadhis’ courts
• The High Court
• The Kenya Court of Appeal
• The Industrial Court.

3. LAW OF PERSONS – Click here to view these notes

• Legal personality
• Corporations
• Unincorporated Associations Partnerships
• Formation of registered companies
• Nationality Domicile
• Adoption
• legitimation
• Guardianship
• Marriage and Divorce
• Capacity to marriage
• Void marriages.

4. LAW OF TORT – Click here to view these notes

• Definition
• Malice
• Damnum sine injuria
• Injuria sine damnum General defences
• Vicarious liability
• Independent contractor   Rule in Rylands v Fletcher
• Trespass to persons
• Trespass to land Trespass to goods
• Distinction between trespass and conversion
• Remedies for conversion.Nuisance
• Private
• Public Remedies for nuisance
• Distinction between trespass and nuisance.Negligence
• The duty of care
• Res ipsa loquitur
• Contributory negligence
• .Defamation
• Definition
• Libel – Slander
• Ingredients of defamation
• Defences.

5. THE LAW OF PROPERTY – Click here to view these notes

• The meaning of property
• Ownership and possession
• Real and personal property
• Importance of land
• Definition of land
• Immovable and movable property
• Registration of titles
• fegistered Land Act
• Consequences of registration
• Registration of deeds
• Effect of failure to register
• Leases
• Definition
• Registration of leases
• Rights and obligations
• Covenants
• Implied rights of the lessee
• Implied obligations of the lessee
• Remedies for breach of covenants
• Mortagages and Charges Simple mortage
• Mortgage by conditional sale
• Usfructuary mortgage
• English mortgage
• Difference between mortage and a charge
• Types of mortgages
• Legal mortage
• Equitable mortgage
• Rights and Liabilities of mortgagor
• Rights and liabilities of mortgagee
• Easements
• Creation of easements
• Profits a prendre
• Termination of easement and profits
• Restraint on disposition
• Caution
• Inhibition
• Restriction
• Gift of movable or immovable property
• Transfer how effected
• Transfer of actionable claims
• Coveyancing
• Transfer
• Co-ownership
• Tenancy in common
• Joint tenancy
• Advantages and Disadvantages
• Trusts.

6. LAW OF SUCCESSION – Click here to view these notes

• Testate
• Intestate
• Estate
• Will
• Codicil
• Revocation
• Personal representative
• Executors
• Administartors
• Probate
• A general legacy
• A specific legacy
• A demonstrative legacy
• Law of Succession Act
• Formalities of a valid will
• Oral will
• Capacity to make a will
• Revocation of will
• Family provisions.

7. THE LAW OF CONTRACT – Click here to view these notes

• Definition of contract
• Essentials of a valid contract
• Offer and acceptance
• Rules of offer
• Offer and an invitation to treat
• Termination of offer
• Option
• Acceptance
• Consideration
• Rules of consideration
• Capacity
• Infants
• Insance and drunken persons
• Corporations
• Mistake
• A common mistake
• Mutual mistake
• Unilateral mistake
• Misrepresentation
• Innocent and fraudulent
• Remedies for fraudulent misrepresentation
• Remedies for innocent misrepresentation
• Contract of uberrimae fidei
• Duress
• Undue influence
• Presumption of undue influence
• Illegal contracts
• Discharge of contract
• Limitations of Action Act
• Remedies for breach of contract
• Damages
• Specific performance
• Injunctions
• Miscellaneous topics
• Promissory estoppe
• Doctrine of part performance
• Quasi contract.

8. NEGOTIABLE INSTRUMENTS – Click here to view these notes

• Characteristics of negotiable instrument
• Types of instrument-The nature of a bill of exchange
• The advantages of a bill of exchange
• Acceptance
• General and Qualified acceptance
• Acceptance for honour
• Indorsement
• blank
• Special
• Restrictive
• Sanc recours
• Discharge of a bill
• Noting and Protesting
• Promissory notes
• Cheques.

9. SALE OF GOODS – Click here to view these notes

• The contract of sale of goods
• Definition of goods
• Transfer of property
• Mistake
• Payment of price
• Implied warranties
• Implied conditions
• Contracts of work and material
• Transfer of title
• Unpaid seller’s rights against the goods.

10. HIRE PURCHASE – Click here to view these notes

• Hire purchase distinguished from credit sale and     conditional sale
• Formation of the agreement
• Implied terms
• Right to end the agreement
• Default by hirer.

11.  AGENCY – Click here to view these notes

• Definition of agency
• Formation of agency
• By express appointment
• By implication
• Agency by estoppel
• -Agency of necessity
• Agency by ratification
• Duties of the agent
• Duties of the principal
• Rights of agent
• Authority of the agent
• Particular kinds of agent
• Breach of warranty of authority
• Relationship between principal and agent and third party
• Termination of agency.

12 . PARTNERSHIP – Click here to view these notes

• Definition
• Creation
• Number of partners
• Liability of partners to third parties
• Implied authority of a partner
• Assignment of share
• Liability of new partner and retiring partner
• Partnership property
• Dissolution
• Limited partnership.

13. BAILMENT, LIEN, AND PLEDGES – Click here to view these notes

• Types of bailment
• Duties of the bailee
• Duties of the bailor
• Pledge
• Pawnbrokers
• Bills of sale
• Nature of lien
• Possessory lien
• Maritime lien
• Equitable lien
• Difference between a guarantee and indemnity contract
• Rights of a guarantor
• against the creditor
• against the debtor
• against co-guarantors
• Discharge of contract of guarantee.

14. INSURANCE – Click here to view these notes

• Definition
• Insurable interest
• Double insurance
• Reinsurance
• Subrogation
• Various forms of insurance
• Average clause
• contribution

15. COMMON CARRIERS – Click here to view these notes

• Common carrier defined
• Duties of common carrier
• Charter parties
• Bill of lading.