PAPER NO. 2 INTRODUCTION TO LAW AND ETHICS
UNIT DESCRIPTION
This unit covers the competencies required to apply law and ethics in an organisation. Competencies include: demonstrating foundational concepts in business law and ethics, illustrating the structure of court systems in Kenya, applying legal requirements in establishing a business, addressing civil wrongs using law of torts, preparing commercial contracts, applying partnership law in registering and administration of a partnership business and applying property law in registering interest in property.
LEARNING OUTCOMES
• Demonstrate foundational concepts in Business law and ethics
• Illustrate the structure of court system in Kenya
• Apply legal requirements in establishing a business
• Address civil wrongs using law of Torts
• Preparing a commercial contract and identifying the major laws regulating business
• Apply partnership law in registering and administration of a partnership business
• Apply property law in registering interest in property
CONTENT:
1. Demonstrate foundational concepts in Business law and ethics
1.1 Nature, purpose and classification of law
1.1.1 Definition key terms
1.1.1.1 Law
1.1.1.2 The jurisdiction of the state
1.1.1.3 Enforcement
1.1.2 Nature of law
1.1.3 Purpose of law
1.1.4 Classification of law
1.1.4.1 Administrative law
1.1.4.2 Revenue law
1.1.4.3 Criminal law
1.1.4.4 Civil law
1.1.4.5 Common law
1.1.4.6 Statutory law
1.1.4.7 Constitution law
1.1.4.8 Private and public law
1.1.5 Law and morality
1.2 Sources of law
1.2.1 The Constitution of Kenya 2010
1.2.2 Legislation
1.2.3 Delegated legislation
1.2.4 Common law and doctrines of equity
1.2.5 African customary law
1.2.6 Religious laws: Islamic law and Hindu law
1.2.7 Judicial precedent
1.3 General rules of international law
2. Administrative law
2.1 Meaning of administrative law
2.2 Functions of administrative law
2.3 Control of administrative bodies: Executive, legislative and judicial
2.4 Principles of natural justice
2.5 Constitutional concepts
2.6 Doctrine of separation of powers and independence of the judiciary
2.7 Judicial control of the Executive
3. Foundations of Ethics
3.1 Ethical norms
3.2 Theories morality
3.3 Universal moral principles
3.4 Ethical dilemmas and unethical conduct
3.5 Code of ethics
3.6 Integrity
3.7 Confidentiality
3.8 Independence
3.9 Conflict of Interest and Related Party Transactions
3.10 Whistle blowing and relevant protection mechanisms
4. Solving disputes through alternative dispute (ADR) resolution mechanisms
5.1 Nature of alternative dispute resolution
5.2 General principles of ADR Negotiation
5.3 Mediation
5.4 Traditional dispute resolution mechanisms
5.5 Arbitration
5. Linking ethics, laws and regulations
5.1 Legislative provisions on ethical conduct
5.2 The Constitution
5.3 Public Officers Ethics Act
5.4 Leadership and Integrity Act, other legislative and regulatory requirements
5.5 Role of KASNEB, professional bodies and other regulatory bodies in enforcing ethical conduct
5.6 Penalties and sanctions for unethical conduct
6. Emerging issues and trends
6.1 Online commercial transactions
6.2 Impact of COVID -19 pandemic on commercial transactions
6.3 Online business registration services
7. Illustrate the structure of court system in Kenya
7.1 The court system
7.1.1 Establishment
7.1.2 Structure
7.1.3 Composition
7.1.4 Jurisdiction of courts
7.1.5 Supreme Court
7.1.6 Court of Appeal
7.1.7 High Court
7.1.8 Employment and Labour Relations Court
7.1.9 Environment and Land Court
7.1.10 Magistrates Court
7.1.11 Court Martial
7.1.12 Kadhis’ Court
7.1.13 Tribunals
8. Apply legal requirements in establishing a business
8.1 The law of persons
8.1.1 Natural persons
8.1.2 Nationality, citizenship and domicile
8.1.3 Artificial person
8.1.4 Unincorporated associations
8.1.5 Incorporated associations
9. Address civil wrongs using law of Torts
9.1 The law of tort
9.1.1 Nature of tort
9.1.2 Types of tort
9.1.2.1 Negligence
9.1.2.2 Vicarious liability
9.1.2.3 Occupiers’ liability
9.1.2.4 Strict liability
9.1.3 General defences of tort
9.1.4 Proving negligence
9.1.4.1 Duty
9.1.4.2 Breach of duty
9.1.4.3 Causation
9.1.4.4 Damages
9.1.5 Defamation
9.1.6 Limitation of actions
10. Preparing a commercial contract and identifying the major laws regulating business
10.1 The law of contract
10.1.1 Definition of contract
10.1.2 Classification of contracts
10.1.3 Essentials of a valid contract
10.1.4 Terms of a contract
10.1.5 Vitiating elements of a contract
10.1.6 Discharge of contract
10.1.7 Remedies for breach of a contract
10.1.8 Limitation of actions
10.2 Sale of goods law
10.2.1 Definitions: Sale of goods contract, property in goods, consideration, a contract of sale, agreement to sell, Nemo dat
10.2.2 Nature of the contract
10.2.3 Formalities of the contract
10.2.4 Terms of the contract
10.2.5 Implied terms by statute
10.2.6 Lien remedy
10.2.7 Personal remedy
10.2.8 Real remedy
Suggested Methods of Delivery
• Interactive presentations and practical demonstrations by trainer
• Guided learner activities and research to develop underpinning knowledge
• Supervised activities and projects in simulated environment
• Discussions & class activities including Group Work & debates based on case studies that support legal theories learned in class
The delivery may also be supplemented and enhanced by the following, if the opportunity allows:
• Visiting professionals from law firms (lawyers specializing in commercial law)
• Court visits.