INTRODUCTION TO LAW AND ETHICS NEW SYLLABUS PDF NOTES

 INTRODUCTION TO LAW AND ETHICS

FOUNDATION LEVEL

GENERAL OBJECTIVE

Demonstrate knowledge of essential elements of the legal system, governance and ethical principles and apply them in practice

 

LEARNING OUTCOMES

A candidate who passes this paper should be able to

  • Demonstrate knowledge of essential elements of the legal system
  • Demonstrate knowledge of legal personality
  • Apply law of contract and tort in various scenarios
  • Apply principles of governance in practice.
  • Comply with ethical requirements

CONTENT

  • Elements of The Legal System
  • Concept of a legal system;
  • Principal legal systems of the world;
  • History and development of common law and Equity;
  • Comparative legal systems;
  • Historical development of the Kenyan state;
  • The Kenyan legal system;
  • Distinction between courts and tribunals
  • Interpretation of statutes;

 

Nature, Purpose and Classification Of Law

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

 

Sources of Law

  •  The Constitution
  • Legislation and Delegated legislation
  • Substance of common law and Doctrines of Equity
  • African customary law
  • Islamic law,
  • Hindu Law
  • Judicial precedent
  • General rules of International law and ratified treaties

 

Administrative Law

  • Meaning of administrative law
  • Sources of administrative law
  • Functions of administrative laws
  • Doctrine of separation of powers
  • Delegate legislation
  • Control of delegated legislation
  • Discretion ad Judicial count of executive
  • Liability of state (contractual/ tortious)
  • Liability of state (contractual/tortious).
  • Principles of natural justice
  • Judicial control of the Executive
  • Independence of judiciary.
  • xii Remedies in administrative law (mandamus, certiorari, prohibition, habeas corpus; injunction and declaration)

 

The Court System

  • Establishment, structure, composition and jurisdiction of courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Employment and Labour Relations Court
  • Environmental and Land court
  • International Court of Justice
  • Magistrates Court
  • Court Martial
  • Kadhi’s Court

 

Alternative Dispute Resolutions

  • Nature of alternative dispute resolutions (ADR
  • Nature and types of disputes
  • Legal framework governing Alternative Dispute Resolution
  • General principles of ADR
  • Negation skills
  • Mediation
  • Negotiation
  • Conciliation
  • Arbitration
  • Dispute Review Boards
  • Traditional dispute mechanisms
  • Enquiry;
  • Customary alternative despites resolution structures
  • Drafting arbitration agreements/clauses
  • Awards

 

Law of Persons

  • Natural persons
  • Nationality, citizenship and domicile
  • Artificial person
  • Unincorporated associations
  • Incorporate associations
  • Co-operative societies

 

Law of Tort

  • Nature of tort; Distinction of tort, contract, crime and quasi contract. Justification in tort; violanti non fit injuria; Act of God interact accident, defence of property; necessity; statutory authority, mistake, Assault, Batty, Trespass, Defecate
  • General defenses of tort
  • Negligence
  • Vicarious liability
  • Strict Liability
  • Occupiers liability
  • Trespass (Person, Property, Battery, False imprisonment and trespass to goods detinue)
  • Limitation of actions
  • Remedies; judicial and extrajudicial, Damage, General special,
  • Principles in awards damages,
  • Survival of actions

 

Law of Contract

  • Definition of contract
  • Classification of contracts
  • Essentials of a valid contract
  • Terms of a contract
  • exemption clauses;
  • Vitiating factors
  • Unfair and improper contracts
  • Discharge of contract
  • Remedies for breach of a contract
  • Limitation of actions
  • Negotiating and designing written contracts
  • Implications of information Technology on classical principles of contract law

 

Sale of Goods

  • Nature of the contract of sale of Goods;
  • Types of Goods
  • Formalities of the contract; Caveat emptor, transfer of Property by non-owners
  • Terms of the contract
  • Implied terms by statute, Custom / Usage
  • Rights and duties of the parties; Remedies for price and breach of contract
  • Auction sales
  • International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DDU, Ex-works and Ex-ship

 

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

 

Agency

  • Meaning and nature of the agency contract
  • Types of agents; Creation of agency,
  • Parties to the agency relationship.
  • Creation of agency
  • Authority of an agent; Scope and extent; Delegation.
  • Rights and duties of the parties;
  • Personal liability of agents
  • Liability of the parties.
  • Termination of agency;
  • Liability of principal before and after termination

 

Partnership

  • Definition of partnership, Nature of partnership
  • Essential features, parties, relation of partners third parties
  • Types of partnerships; limited and general and limited liability partnerships (LLP)
  • Rights, duties and liabilities of existing, incoming and minor partners
  • Management of partnerships
  • Dissolution of partnerships and its consequences
  • Registration process and requirements of partnership business.

 

INDEMNITY AND GUARANTEES

  • Essential features of indemnity
  • Nature and extent of liability of indemnifier
  • Commencement of liability of indemnifier
  • Nature of the contracts; essential features of contract guarantee; Distinction between contract of guarantee/ indemnity extent of nature and Surety;
  • Obligations of surety;
  • Discharge of surety;
  • Letters of Credit
  • Rights and duties of the parties
  • Termination of the contract
  • Remedies for breach of contract

 

Insurance

  • Nature of the contract; Types, parties to negotiable instrument.
  • Formalities of the contract
  • Types of risks
  • Parties to the contract of insurance
  • Principles of insurance
  • Types of insurance
  • Transfers and amalgamation
  • Termination of the contract
  • Technology and insurance

 

Negotiable Instruments

  • Nature and characteristics
  • Negotiability of the instrument
  • Types: cheques, promissory notes, bills of exchange
  • Types of Crossings
  • Obligations of the parties
  • Banker- Customer relationship
  • Presentment; purpose, time, place
  • Discharge from liability
  • Modes of discharge
  • Dishonuor, mode of dishonor, nature of protest, penalties in case of dishonor
  • Acceptance for honour
  • Criminal liability

 

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
    • Administration and management of land,
    • Sectional Properties,
    • Management company
    • Obligations of lessor and lessee in sessional property Act
    • Transfer of Land rights
    • Role of Certified Accountant in property Transfer

 

PROFESSIONAL ETHICS

  • Meaning of Ethics
  • The ethics in various professions
  • The roles and duties
  • Morality and etiquette
  • Regulation of accountancy profession and
  • Ethics of the accountant, secretaries and other professions
  • The scope of work of professional indemnity
  • Legal framework of professional ethics;
  • Enforcement of legal ethical standards.

 

 

CORE TEXTBOOKS

  1. Jackson, T. (1988, reprinted 1992, 1998). “The Law of Kenya” (3rd Edn) Kenya Literature Bureau.
  2. Ogola J. J., (1999). Business Law: Focus publications limited.
  3. Furmston M., (2012). “Cheshire, Fifoot and Furmston’s Law of Contract” (16th Edn) London: Butterworth’s.

OTHER TEXTS

  1. Finch, E. & Fafinski, S. (2011) Tort Law (3rd Edn) London: Pearson Longman.
  2. Steel, J. (2010) Tort Law (2nd Edn). Oxford: Oxford University Press.
  3. Megarry, R. Wade W. & Harpum, C. (2008) The Law of Real Property, Sweet and Maxwell.
  4. Binder, P. (2009). International Commercial Arbitration and Conciliation in UNCITRAL Model Law, Sweet & Maxwell.
  5. W. R Wade, (1986), Administrative Law: English Language Book Society.
  6. Ian Loveland, (2004), Constitutional Law, Administrative Law and Human Rights, (3rd Edn). Oxford University Press.
  7. A. Saleemi & T. K. Ateenyi, (2000). Elements of Law Simplified: N. A. Saleemi Publishers.
  8. L.O. Lumumba, (1999). An Outline of Judicial Review in Kenya: Miyami Investment Limited.
  9. Kuloba, R. (1997). Courts of Justice in Kenya, Nairobi, Kenya: oxford University Press.
  10. Saleemi, N. A. (2010). General Principles of Law Simplified, Nairobi, Kenya: Saleemi Publications Ltd. 21. Ashiq, H. (2003). Commercial Law East African Publishers.
  11. Bradgate, R. (2012). Commercial Law, (4thEdn), Oxford University Press.
  12. Dobson, P. & Stokes, R. (2012). Commercial Law Sweet & Maxwell.
  13. Laibuta, K. I. (2006). Principles of Commercial Law (2nd Edn) Law.

RELEVANT STATUTES/ACTS

  1. Republic of Kenya, (2010). The Constitution of Kenya, Government Printer.
  2. Republic of Kenya, (2010). The Judicature Act, Cap 8: Government Printer.
  3. Republic of Kenya, (2012). The National Land Commission Act: Government Printer.
  4. Republic of Kenya, (2016). Community Land Act: Government Printer.
  5. Republic of Kenya, (2016). The Land Registration Act Cap. 300: Government Printer.
  6. Republic of Kenya, (2012). The Land Control Act Cap 302: Government Printer.
  7. Republic of Kenya, (2012). The Penal Code Cap. 63: Government Printer.
  8. Republic of Kenya, (2018). The Criminal Procedure Code Cap.75: Government Printer.
  9. Republic of Kenya, (2012). The County Government Act: Government Printer.
  10. Republic of Kenya, (2012). The Anti-corruption and Economic Crimes Act Cap.3: Government Printer.
  11. Republic of Kenya, (2012). The Public Officer Ethics Act No. 4 of 2003: Government Printer.
  12. Republic of Kenya, (2011), The Kenya National Commission on Human Rights Act No. 9 of 2002: Government Printer.
  13. Republic of Kenya, (2015). The Law of Succession Act Cap 160: Government Printer.
  14. Republic of Kenya, (2015). The Companies Act Cap. 486: Government Printer.
  15. Republic of Kenya, (2012). The Environment and Land Court Act Cap. 12A: Government Printer.
  16. Republic of Kenya, (2012). The Chiefs’ Act Cap 128: Government Printer.
  17. Republic of Kenya, (2012). The Societies Act Cap. 108: Government Printer.
  18. Republic of Kenya, (2011). The Limited Partnership Act Cap. 30: Government Printer.
  19. Republic of Kenya, (2012). The Partnership Act Cap. 29: Government Printer.
  20. Republic of Kenya, (2009). The Law of Contract Act Cap. 23: Government Printer.
  21. Republic of Kenya, (2014). The Interpretation and General Provisions Act Cap. 2: Government Printer.
  22. Republic of Kenya, (2012). Registration of Business Names Act Cap. 499: Government Printer.
  23. Republic of Kenya, (2012). Co-operative Societies Act Cap. 490: Government Printer.
  24. Republic of Kenya, (2015). Landlord and Tenant (Shops, Hotels and Catering Establishment Act Cap. 301: Government Printer.
  25. Republic of Kenya, (2012). The Physical Planning Act Cap. 286: Government Printer.
  26. Republic of Kenya, (2016). The Land Adjudication Act Cap. 284: Government Printer.
  27. Republic of Kenya, (2012). The National Cohesion and Integration Act No. 12 of 2008: Government Printer.

THE ACCOUNTANTS ACT NO 15 OF 2008

THE PUBLIC SECRETARIES OF KENYA ACT CAP 534 OF 1988

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