KASNEB CPA Introduction to Law and Governance Revision Kits

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KASNEB CPA Introduction to Law and Governance Revision Kits

Page 2
INTRODUCTION TO LAW AND GOVERNANCE
CONTENT
2. 1 Elements of Legal systems
2.1.1. Nature, purpose and classification of law
– Meaning of law
– Nature of Law
– Purpose of law
– Classification of law
– Law and morality
2.1.2 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
2.1.3 Administrative law
– Meaning of administrative law
– Functions of administrative law
– Doctrine of separation of powers
– Principles of natural justice
– Judicial control of the Executive
2.1.4 The court system
– Establishment, Structure, composition and jurisdiction of courts
– Supreme Court
– Supreme Court
– Court of Appeal
– High court
– Employment and labour court
– Magistrate courts
– Courts martial
– Kadhis courts
Alternative dispute resolutions
– Nature of Alternative dispute resolutions
– General Principles of ADR
– Mediation
– Negotiation
– Conciliation
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INTRODUCTION TO LAW AND GOVERNANCE
2.2 Law of persons
– Natural persons
– Nationality, citizenship and domicile
– Unincorporated associations
– Incorporated associations
– Co-operative societies
2.3 Law of tort
– Nature of tort
– Negligence
– General defences in the law of tort
– Vicarious liability
– Strict Liability
– Defamation
– Occupiers liability
– Limitation of actions
2.4 Law of contract
– Definition of contract
– Classification of contracts
– Essentials of valid contract
– Terms of a contract
– Vitiating factors
– Illegal contracts
– Discharge of contract
– Remedies for breach of a contract
– Limitation of actions
2.5 Sale of goods
– Nature of the contract
– Formalities of the contract
– Terms of the contract
– Implied terms by statute
– 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
2.6 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
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INTRODUCTION TO LAW AND GOVERNANCE
2.7 Agency
– Meaning, nature of agency contract
– Types of agents
– Creation of agency
– Authority of an agent
– Rights and duties of the parties
– Termination of agency
2.8 Partnership
– Nature of partnership
– Types of partnership
– Rights, duties and liabilities to existing, incoming, outgoing and minor partners
– Management of partnerships
– Dissolution of partnership and its consequences
2.9 Indemnity and Guarantees
– Nature of the contracts
– Rights and duties of the parties
– Termination of contract
– Remedies for breach of contract
2.10 Insurance
– Nature of the contract
– Formation of the contract
– Principles of insurance
– Types of insurance
– Termination of the contract
2.11 Negotiable instruments
– Nature and characteristics
– Negotiability of the instrument
– Types: Cheques, promissory notes, bills of exchange
– Obligations of the parties
2.12 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, servitude and encumbrances
– Intellectual property: plant breeder’s patents, trademarks, copyrights and
– Industrial designs
2.13 Emerging issues and trends