Business Law notes BBM 123 MKU

Business Law BBM 123 MT KENYA UNIVERSITY

C O U R S E O U T L I N E

UNIT CODE: BBM 123

UNIT NAME: BUSINESS LAW

Purpose of the course

To prepare students for such aspects of law as will touch their business operations so that they can play a practical role in the field of commercial enterprise in the community and nation as a whole.

Course objectives

By the end of the course unit, the students should be able to:-

  • Appreciate the legal context in which business law applies.
  • Comprehend but simplify account of rules relating to the formation, content and enforcement of contracts.
  • Illustrate how law applies to business content.
  • Appreciate the significance of business law and its contribution to the development and
    success of business.

INTRODUCTION TO LAW

  • The meaning and nature of law
  • Functions of law
  • Classification of law,
    sources of law

LAW OF PERSONS

  • Introduction
  • Natural persons and artificial persons
  • Rights and obligations of both natural persons and artificial persons

LAW OF TORT

  • Function of the law of torts
  • Malice nature of tortuous liability
  • The fault principal
  • Distinction between tort, crime and breach of contract.
  • General defenses
  • Specific torts i.e. Trespass, nuisance, négligence and defamation.

 

CONTRACT OF EMPLOYMENT

  • Nature of the contract of employment
  • Suspension of the contract of employment
    Termination of the contract of employment working time and rest,
  • Types of leaves
  • Equality and pay issues

CONTRACT LAW

  • Nature of the contract
  • Essentials of a valid contract classification or types of contracts
  • Formation of the contract
  • Contractual capacity
  • Terms of contract
  • Vitiating elements in a contact
  • Discharge of a contract
  • Remedies for a breach of contract

LAW OF AGENCY

  • Definition classes of agents
  • Creation of agency
  • Duties of agents
  • Rights of agents and principals
  • Termination of agency

THE SALE OF GOOD ACT

  • Contract of sale of goods
  • Creation and capacity to buy and sell
    form of contract
  • Subject matter of the contract
    Conditions and warranties
  • Doctrine of caveat emptor
  • Transfer of property in goods
    Transfer of title in goods
  • Performance of the contract
  • Rights of unpaid seller
  • Rights of the buyer
  • Auction sale

HIRE PURCHASE LAW

  • Creation of hire purchase agreement
  • Formalities of hire purchase
  • Registration
  • Protection of the tenure
    Recovery of possession by the owner

NEGOTIABLE INSTRUMENTS

  • Native and present day use
    of negotiable instruments.
    Negotiable instruments
  • Nature and present day use of negotiable instruments.
  • Essential requirements for validity bills of exchange negotiation and endorsement holder in due
    course liability of the parties
  • Discharge of the bill
  • Cheques and promissory notes

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