Introduction to the Module Unit
Commercial and Administrative Law is a unit offered to diploma students in business related courses to equip them with the right attitudes, knowledge and skills to be able to apply commercial and administrative law in an organization.
General Objectives
By the end of this module unit, the learner should be able to:
- Apply commercial law in business management
- Recognize the importance of commercial law in an organization
- Apply relevant legal provisions of commercial law in business
Topics/Course Outline Required by KNEC
Topic 1: Introduction to Sale of Goods
1.1. Meaning of the sale of goods agreement
1.2. Warranties and conditions in a sale of goods agreement
1.3. Types of contracts under the sale of goods agreement
1.4. Rights and duties of parties in a sale of goods agreement
1.5. Transfer of goods
1.6. Terms of trade
1.7. Ways through which a contract of sale can be terminated
Topic 2: Law of Partnership
2.1. Nature of partnership
2.2. Types of partnership
2.3. Rights and liabilities of partners
2.4. Dissolution of a partnership
Topic 3: Contract of Insurance
3.1. Meaning of a contract of insurance
3.2. Parties to a contract of insurance
3.3. Terms of a contract of insurance
3.4. Principles of insurance
3.5. Types of insurance
3.6. Types of insurance contracts
3.7. Remedies available for the breach of contract
Topic 4: Contract of Guarantee
4.1. Meaning of guarantee
4.2. Rights and liabilities of parties
4.3. Discharge of contract
Topic 5: Contract of Bailment
5.1. Meaning of bailment
5.2. Parties to a contract of bailment
5.3. Rights and liabilities of parties in a contract bailment
5.4. Factors which contribute to the discharge of a contract of bailment
Topic 6: Law of bankruptcy
6.1. Meaning of bankruptcy
6.2. Procedure in bankruptcy proceedings
6.3. Rights and disqualifications of a bankrupt
Topic 7: Law of Carriage of Goods
7.1. Meaning of the law of carriage of goods
7.2. Types of carriers
7.3. Modes of carriage
7.4. Implied terms and conditions
7.5. Documents used in carriage
7.6. Rights and liabilities of parties
7.7. Remedies available to parties in the breach of a contract of carriage
Topic 8: Commercial Arbitration
8.1. Meaning of commercial arbitration
8.2. Importance of arbitration in an organization
8.3. Awards given in arbitration
Topic 9: Negotiation Instruments
9.1. Meaning of negotiable instruments
9.2. Types of negotiable instruments
9.3. Rules applicable in the acceptance of negotiable instruments
9.4. Discharge of instruments
Topic 10: Company Law
10.1. Meaning of a company
10.2. Types of companies
10.3. Procedure of forming and incorporating a company
10.4. Functions of companies
10.5. Types of shareholders in a company
10.6. Procedure of winding up a company
Topic 11: The Administrative Law
11.1. Nature of administrative law
11.2. Types of administrative law
11.3. Functions of administrative law
Topic 12: The Structure of Government
12.1. Meaning of central government
12.2. Types of governments
12.3. Meaning of tribunals
12.4. Meaning of inquiries
Topic 13: Judicial Administrative Action
13.1. Meaning of Judicial Administrative Action
13.2. Types of Judicial Administrative Actions
13.3. Functions of Judicial Administrative Actions
Topic 14: Nature of Justice
14.1. Meaning of natural justice
14.2. Types of natural justice
14.3. Situations when natural justice is applicable
Topic 15: Delegated Legislation
15.1. Meaning of delegated legislation
15.2. Types of delegated legislation
15.3. Functions of delegated legislation
Topic 16: Emerging Trends and Issues in Commercial and Administrative Law
14.1. Emerging trends and issues commercial and administrative law
14.2. Challenges posed by the emerging trends and issues commercial and administrative law
14.3. Ways of coping with the emerging trends and issues in commercial and administrative law
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