Introduction to Law and Ethics

Description

Introduction to Law and Ethics

Introduction to Law and Ethics covers the competencies required to apply law and ethics in an organisation. Competencies include: demonstrating foundational concepts in business law and ethics, illustrating the structure of court systems in Kenya, applying legal requirements in establishing a business, addressing civil wrongs using law of torts, preparing commercial contracts, applying partnership law in registering and administration of a partnership business and applying property law in registering interest in property.

LEARNING OUTCOMES

• Demonstrate foundational concepts in Business law and ethics
• Illustrate the structure of court system in Kenya
• Apply legal requirements in establishing a business
• Address civil wrongs using law of Torts
• Preparing a commercial contract and identifying the major laws regulating business
• Apply partnership law in registering and administration of a partnership business
• Apply property law in registering interest in property

CONTENT:

1. Demonstrate foundational concepts in Business law and ethics
   • Nature, purpose and classification of law
     • Definition key terms
       • Law
       • The jurisdiction of the state
       • Enforcement
     • Nature of law
     • Purpose of law
     • Classification of law
       • Administrative law
       • Revenue law
       • Criminal law
       • Civil law
       • Common law
       • Statutory law
       • Constitution law
       • Private and public law
     • Law and morality
     • Sources of law
       • The Constitution of Kenya 2010
       • Legislation
       • Delegated legislation
       • Common law and doctrines of equity
       • African customary law
       • Religious laws: Islamic law and Hindu law
       • Judicial precedent
     • General rules of international law
     • Administrative law
       • Meaning of administrative law
       • Functions of administrative law
       • Control of administrative bodies: executive, legislative and judicial
     • Natural justice
     • Constitutional concepts
     • Doctrine of separation of powers and independence of the judiciary
     • Judicial control of the Executive
   • Foundations of Ethics
     • Ethical norms
     • Theories morality
     • Universal moral principles
     • Ethical dilemmas and unethical conduct
     • Code of ethics
     • Integrity
     • Confidentiality
     • Independence
     • Conflict of Interest and Related Party Transactions
     • Whistle blowing and relevant protection mechanisms
   • Solving disputes through alternative dispute (ADR) resolution mechanisms
     • Nature of alternative dispute resolution
     • General principles of ADR Negotiation
     • Mediation
     • Traditional dispute resolution mechanisms
     • Arbitration
   • Linking ethics, laws and regulations
     • Legislative provisions on ethical conduct
     • The Constitution
     • Public Officers Ethics Act
     • Leadership and Integrity Act, other legislative and regulatory requirements
     • Role of KASNEB, professional bodies and other regulatory bodies in enforcing ethical conduct
     • Penalties and sanctions for unethical conduct
   • Emerging issues and trends
     • Online commercial transactions
     • Impact of COVID-19 pandemic on commercial transactions
     • Online business registration services

2.           Illustrate the structure of court system in Kenya

• The court system
  • Establishment
  • Structure
  • Composition
  • Jurisdiction of courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Employment and Labour Relations Court
  • Environment and Land Court
  • Magistrates Court
  • Court Martial
  • Kadhis’ Court
  • Tribunals

3.                   Apply legal requirements in establishing a business

• The law of persons
  • Natural persons
  • Nationality, citizenship and domicile
  • Artificial person
  • Unincorporated associations
  • Incorporated associations

4.                   Address civil wrongs using law of Torts

• The law of tort
  • Nature of tort
  • Types of tort
    • Negligence
    • Vicarious liability
    • Occupiers’ liability

4.1.2.3       Strict liability

• General defences of tort
• Proving negligence
  • Duty
  • Breach of duty
  • Causation

4.3.5    Damages

• Defamation
• Limitation of actions

5.                   Preparing a commercial contract and identifying the major laws regulating business

• The law of contract
  • Definition of contract
  • Classification of contracts
  • Essentials of a valid contract
  • Terms of a contract
  • Vitiating elements of a contract
  • Discharge of contract
  • Remedies for breach of a contract

5.1.9    Limitation of actions

• Sale of goods law
  • Definitions:

5.2.2.1    Sale of goods contract

• Property in goods
• Consideration
• A contract of sale
• Agreement to sell
• Nemo dat

• Nature of the contract
• Formalities of the contract
• Terms of the contract
• Implied terms by statute
• Lien remedy
• Personal remedy
• Real remedy

• Hire purchase law
  • Nature of the hire purchase contract
  • Difference between hire purchase and conditional sale (credit sale)
  • Formation 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
• The law of agency
  • Meaning and nature of the agency contract
  • Principle
  • Agent
  • Types of agents
    • General agent
    • Special agent
    • Universal agent Brokers
    • Commission Agents
    • Forwarding Agents
  • Creation of agency
    • Express Agreement
    • By Implied Agreement
    • By Necessity
    • By Ratification
    • Duties and rights of an agent
  • Duties and rights of a principal
  • Termination of agency
• Contract of Indemnity and Contract of Guarantee
  • Nature of the contracts
  • Rights and duties of the parties
  • Termination of the contract
  • Remedies for breach of contract

5.6                 The law of insurance

• Definition of key terms
• Insurance
• Insurer
• Insured
• Premiums
• Claims
• Nature of the contract
• Classification of insurance contracts
• Formation of the contract
• Essentials of an insurance contract
• Principles of insurance
• Termination of the contract

• Negotiable instruments
  • Nature and characteristics of negotiable instruments
  • Negotiability of the instrument
  • Types negotiable instruments
    • Cheques
    • Promissory notes
    • Bills of exchange
  • Obligations of the parties
  • Remedies for breach of duties

6.                   Apply partnership law in registering and administration of a partnership business

• Partnership law
  • Nature of partnership
  • Types of partnerships
    • General
    • Limited
    • Limited liability partnerships
  • Rights, duties and liabilities of existing, incoming and minor partners
  • Dissolution of a partnership
    • With court intervention
    • Without court intervention

7.                   Apply property law in registering interest in property

• The law of property
  • Definition of key terms
    • Intellectual property
    • Real property
  • Classification of property
    • Real and personal
    • Movable
    • Immovable tangible
    • Intangible
  • Property in land
    • Private
    • Public
    • Community
  • Estate in Land
    • Freehold
    • Leasehold
  • Interests in land
    • Servitudes encumbrances
    • Easements
    • Analogous rights
  • Intellectual property
    • Types of intellectual properties patents
      • Trademarks
      • Copyrights
      • industrial designs
    • Registration of intellectual properties
      • Procedure for registration o
      • Rights and Obligations
    • Infringement of intellectual property rights and remedies