KASNEB ATD Introduction to Law and Ethics Revision Kits

Description

KASNEB ATD Introduction to Law and Ethics Revision Kits

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
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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
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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