Commercial Law notes Pdf

Description

CONTENT

2. 1 Elements of Legal systems

2.1.1. Nature, purpose and classification of law

• Meaning of law
• Nature of Law
• Purpose of law
• Classification of law
• Law and morality

2.1.2 Sources of law

• The Constitution
• Legislation
• Substance of common law and doctrines of equity
• African customary law
• Islamic law
• Judicial precedent
• General rules of international law and ratified treaties

2.1.3 Administrative law

• Meaning of administrative law
• Functions of administrative law
• Doctrine of separation of powers
• Principles of natural justice
• Judicial control of the Executive

2.1.4 The court system

• Establishment, Structure, composition and jurisdiction of courts
• Supreme Court
• Supreme Court
• Court of Appeal
• High court
• Employment and labour court
• Magistrate courts
• Courts martial
• Kadhis courts

Alternative dispute resolutions

• Nature of Alternative dispute resolutions
• General Principles of ADR
• Mediation
• Negotiation
• Conciliation

2.2 Law of persons

• Natural persons
• Nationality, citizenship and domicile
• Unincorporated associations
• Incorporated associations
• Co-operative societies

2.3 Law of tort

• Nature of tort
• Negligence
• General defences in the law of tort
• Vicarious liability
• Strict Liability
• Defamation
• Occupiers liability
• Limitation of actions

2.4 Law of contract

• Definition of contract
• Classification of contracts
• Essentials of valid contract
• Terms of a contract
• Vitiating factors
• Illegal contracts
• Discharge of contract
• Remedies for breach of a contract
• Limitation of actions

2.5 Sale of goods

• Nature of the contract
• Formalities of the contract
• Terms of the contract
• Implied terms by statute
• Rights and duties of the parties
• Auction sales
• International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DES, DDU, Ex-works and Ex-ship

2.6 Hire Purchase Contracts

• Nature of the hire purchase contract
• Difference between hire purchase and conditional sale/credit sale
• Formalities of the hire purchase contract
• Implied terms of the hire purchase contract
• Rights and duties of the parties
• Termination and completion of the hire purchase contract

2.7 Agency

• Meaning, nature of agency contract
• Types of agents
• Creation of agency
• Authority of an agent
• Rights and duties of the parties
• Termination of agency

2.8 Partnership

• Nature of partnership
• Types of partnership
• Rights, duties and liabilities to existing, incoming, outgoing and minor partners
• Management of partnerships
• Dissolution of partnership and its consequences

2.9 Indemnity and Guarantees

• Nature of the contracts
• Rights and duties of the parties
• Termination of contract
• Remedies for breach of contract

2.10 Insurance

• Nature of the contract
• Formation of the contract
• Principles of insurance
• Types of insurance
• Termination of the contract

2.11 Negotiable instruments

• Nature and characteristics
• Negotiability of the instrument
• Types: Cheques, promissory notes, bills of exchange
• Obligations of the parties

2.12 The law of property

• Definition of property
• Classification of property (real and personal, movable and immovable, tangible and intangible)
• Property in land: Private, Public and Community land
• Interests in land: estates, servitudes and encumbrances
• Intellectual property: plant breeder’s patents, trademarks, copyrights and
• Industrial designs

2.13 Emerging issues and trends