Commercial and Administrative Law notes – KNEC Diploma

Commercial and Administrative Law

• KNEC: Diploma in Business Management – Module II

Topics covered in this unit/subject are as follows:

Topic 1: Introduction to sale of goods
Topic 2: Law of partnership
Topic 3: Contract of insurance
Topic 4: Contract of guarantee
Topic 5: Contract of bailment
Topic 6: Law of bankruptcy
Topic 7: Commercial arbitration
Topic 8: Negotiable instruments
Topic 9: Company law
Topic 10: The nature of administrative law
Topic 11: The structure of government
Topic 12: Judicial administrative action
Topic 13: Natural justice
Topic 14: Errors
Topic 15: Remedies
Topic 16: Emerging trends and issues in commercial and administrative law

Introduction
This module unit is intended to equip the trainee with knowledge, skills and attitudes that will enable him/her apply commercial and administrative law in an organisation.

General Objectives
At the end of this module unit, the trainee should be able to:

1. Apply commercial law in business management
2. Recognize the importance of commercial law in an organisation
3. Apply the relevant legal provisions of commercial law in business management.

 

Topic 1: Introduction to Sale of Goods

• Meaning of the sale of goods agreement
• Warranties and conditions in a sale of goods agreement
• Types of contracts under the sale of goods agreement
• Rights and duties of parties in a sale of goods agreement
• Transfer of goods
• Terms of trade
• Ways through which a contract of sale can be terminated

Topic 2: Law of Partnership

• Nature of partnership
• Types of partnership
• Rights and liabilities of partners
• Dissolution of a partnership

 

Topic 3: Contract of Insurance

• Meaning of a contract of insurance
• Parties to a contract of insurance
• Terms of a contract of insurance
• Principles of insurance
• Types of insurance contracts
• Remedies available for the breach of contract

Topic 4: Contract of Guarantee

• Meaning of guarantee
• Rights and liabilities of parties
• Discharge of contract

Topic 5: Contract of Bailment

• Meaning of bailment
• Parties to a contract of bailment
• Rights and liabilities of parties in a contract of bailment
• Factors which contribute to the discharge of a contract of bailment

Topic 6: Law of Bankruptcy

• Meaning of bankruptcy
• Procedure in bankruptcy proceedings
• Rights and disqualifications of a bankrupt

 

Topic 7: Law of Carriage of Goods

• Meaning of the law of carriage of goods
• Types of carriers
• Modes of carriage
• Implied terms and conditions
• Documents used in carriage
• Rights and liabilities of parties
• Remedies available to parties in the breach of a contract of carriage

Topic 8: Commercial Arbitration

• Meaning of commercial arbitration
• Importance of arbitration in an organisation
• Awards given in arbitration

Topic 9: Negotiable Instruments

• Meaning of negotiable instruments
• Types of negotiable instruments
• Rules applicable in the acceptance of negotiable instruments
• Discharge of instruments

Topic 10: Company Law

• Meaning of a company
• Types of companies
• Procedure of forming and incorporating a company
• Functions of companies
• Types of shareholders in a company
• Procedure of winding up a company

Topic 11: The Administrative Law

• Nature of administrative law
• Types of administrative law
• Functions of administrative law

Topic 11: The Structure of Government

• Meaning of central government
• Types of governments
• Meaning of tribunals
• Meaning of inquiries

 

Topic 12: Judicial Administrative Action

• Meaning of judicial administrative action
• Types of judicial administrative actions
• Functions of judicial administrative action

Topic 13: Natural Justice

• Meaning of natural justice
• Types of natural justice
• Situations when natural justice is applicable

Topic 14: Delegated Legislation

• Meaning of delegated legislation
• Types of delegated legislation
• Functions of delegated legislation

Topic 15: Emerging Trends and Issues in Commercial Administrative Law

• Emerging trends and issues in commercial administrative law
• Effects of emerging trends and issues in commercial administrative law
• Ways of managing emerging trends and issues in commercial administrative law