Commercial Law notes Pdf

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Number of Pages: 265 Pages
File size: 1.55 MB
Suitable for: Certificate, Diploma, University and Professional Courses
Topic 1: Elements of the legal system
Nature, purpose and classification of law
Sources of law
Administrative law
The court system
Alternative dispute resolutions
Topic 2: Law of persons
Topic 3: Law of tort
Topic 4: Law of contract
Topic 5: Sale of goods
Topic 6: Hire purchase contract
Topic 7: Agency
Topic 8: Partnership
Topic 9: Indemnity and Guarantees
Topic 10: Insurance
Topic 11: Negotiable instruments
Topic 12: The law of property



  1. 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

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