COMMERCIAL LAW
CPA PART I
CPA SECTION 1
CCP SECTION 1
CS SECTION 1
STUDY TEXT
, COMMERCIAL LAW
CONTENT
1. Introduction to Law
Nature, purpose and classification of law
- Meaning, nature and purpose of law
- Classification of law
- Law and morality
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
Administrative law
- Meaning
- Doctrine of separation of powers
- Natural justice
- Judicial control of the Executive
The court system
- Structure, composition and jurisdiction of courts
- Magistrate courts
- Courts martial
- Kadhis courts
- Environment and Land Court
- Industrial Court
- Court of Appeal
- Supreme Court
Law of persons
- Types of persons: natural person, artificial person
- Nationality, citizenship and domicile
- Unincorporated associations
- Corporations
- Co-operative societies
2. Law of tort
- Nature of tort
- Vicarious liability
- Strict Liability
- Negligence
- Nuisance
- Trespass
- Defamation
- Occupiers liability
- General defences in the law of tort
- Limitation of actions
www.someakenya.co.ke Contact: 0707 737 890 Page 2
, COMMERCIAL LAW
3. Law of contract
- Definition and nature of a contract
- Classification of contracts
- Formation of a contract
- Terms of a contract
- Vitiating factors
- Illegal contracts
- Discharge of contract
- Remedies for breach of a contract
- Limitation of actions
2.4. Sale of goods
- Nature of the contract
- Formation of the contract
- Terms of the contract
- Transfer of property and title in goods
- 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
5. General principles of consumer credit
- Nature of the hire purchase contract
- Difference between hire purchase and conditional sale/credit sale
- Formation of the hire purchase contract
- Terms of the hire purchase contract
- Rights and duties of the parties
- Termination and completion of the hire purchase contract
6. Indemnity and Guarantees
- Nature of the contracts
- Rights and duties of the parties
- Advantages and disadvantages of guarantee as security
- Termination of contract of guarantee
7. Partnership
- Nature of partnership
- Relations of partners to persons dealing with them
- Relations of partners to one another
- Rights, duties and liabilities to existing, incoming, outgoing and minor partners
- Dissolution of partnership and its consequences
8. Insurance
- Nature of the contract
- Formation of the contract
- Principles of insurance
- Types of insurance
www.someakenya.co.ke Contact: 0707 737 890 Page 3
, COMMERCIAL LAW
9. Agency
- Meaning, nature and creation of agency
- Types of agents
- Rights and duties of the parties
- Authority of an agent
- Termination of agency
10. Negotiable instruments
- Nature and characteristics
- Negotiability and transferability
- Types: cheques, promissory notes, bills of exchange
- Rights and obligations of the parties
11. 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
12. Resolving commercial disputes
- -Nature and problems associated with commercial litigation
- Arbitration
- Mediation
- Negotiation
13. Emerging issues and trends
www.someakenya.co.ke Contact: 0707 737 890 Page 4
CPA PART I
CPA SECTION 1
CCP SECTION 1
CS SECTION 1
STUDY TEXT
, COMMERCIAL LAW
CONTENT
1. Introduction to Law
Nature, purpose and classification of law
- Meaning, nature and purpose of law
- Classification of law
- Law and morality
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
Administrative law
- Meaning
- Doctrine of separation of powers
- Natural justice
- Judicial control of the Executive
The court system
- Structure, composition and jurisdiction of courts
- Magistrate courts
- Courts martial
- Kadhis courts
- Environment and Land Court
- Industrial Court
- Court of Appeal
- Supreme Court
Law of persons
- Types of persons: natural person, artificial person
- Nationality, citizenship and domicile
- Unincorporated associations
- Corporations
- Co-operative societies
2. Law of tort
- Nature of tort
- Vicarious liability
- Strict Liability
- Negligence
- Nuisance
- Trespass
- Defamation
- Occupiers liability
- General defences in the law of tort
- Limitation of actions
www.someakenya.co.ke Contact: 0707 737 890 Page 2
, COMMERCIAL LAW
3. Law of contract
- Definition and nature of a contract
- Classification of contracts
- Formation of a contract
- Terms of a contract
- Vitiating factors
- Illegal contracts
- Discharge of contract
- Remedies for breach of a contract
- Limitation of actions
2.4. Sale of goods
- Nature of the contract
- Formation of the contract
- Terms of the contract
- Transfer of property and title in goods
- 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
5. General principles of consumer credit
- Nature of the hire purchase contract
- Difference between hire purchase and conditional sale/credit sale
- Formation of the hire purchase contract
- Terms of the hire purchase contract
- Rights and duties of the parties
- Termination and completion of the hire purchase contract
6. Indemnity and Guarantees
- Nature of the contracts
- Rights and duties of the parties
- Advantages and disadvantages of guarantee as security
- Termination of contract of guarantee
7. Partnership
- Nature of partnership
- Relations of partners to persons dealing with them
- Relations of partners to one another
- Rights, duties and liabilities to existing, incoming, outgoing and minor partners
- Dissolution of partnership and its consequences
8. Insurance
- Nature of the contract
- Formation of the contract
- Principles of insurance
- Types of insurance
www.someakenya.co.ke Contact: 0707 737 890 Page 3
, COMMERCIAL LAW
9. Agency
- Meaning, nature and creation of agency
- Types of agents
- Rights and duties of the parties
- Authority of an agent
- Termination of agency
10. Negotiable instruments
- Nature and characteristics
- Negotiability and transferability
- Types: cheques, promissory notes, bills of exchange
- Rights and obligations of the parties
11. 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
12. Resolving commercial disputes
- -Nature and problems associated with commercial litigation
- Arbitration
- Mediation
- Negotiation
13. Emerging issues and trends
www.someakenya.co.ke Contact: 0707 737 890 Page 4
