Principles Of Commercial Law

Procurement Management · Level 6  ·  10 Chapters

Compiled by: Simon Ngugi

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What Principles Of Commercial Law covers

Disputes with suppliers often turn on the exact words of a contract, which is why Procurement Management Level 6 includes Principles Of Commercial Law. You explain what law is, where it comes from and how it differs from morality, and describe how Kenyan courts and tribunals are organised. Tort, contract and agency are applied to supplier situations. Sale of goods, hire purchase and negotiable instruments follow, then insurance contracts and the classification of property, land interests and intellectual property.

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Careers after Principles Of Commercial Law

Understanding commercial law isn’t just about passing exams - it’s the foundation for a career that keeps Kenya’s businesses, communities and public services running smoothly. Whether you end up drafting contracts for a construction firm, advising a tech start-up on intellectual property, or helping a county office navigate land-ownership rules, the knowledge you gain here will open doors to stable employment, freelance consulting and even your own legal-advisory venture.

  • County procurement units in Nakuru, Kisumu or Mombasa - you review tender documents, ensure contracts comply with the Constitution and the Judicature Act, and protect the county from legal disputes, earning a salary as a procurement officer or as a contract compliance specialist.
  • Construction and real-estate development firms in Kiambu and Nairobi’s Upper Hill - you assess land interests, classify property under the Property Act 2020, and draft sale or lease agreements, receiving fees as a contract administrator or as an independent legal consultant for developers.
  • Agribusiness supply-chain companies in Eldoret and Kitale - you verify the capacity of suppliers to sue or be sued, structure purchase agreements, and resolve breach-of-contract issues, earning commissions or a fixed salary as a commercial contracts officer.
  • Media production houses and digital content creators on the coast - you explain intellectual-property rights, register copyrights and trademarks, and advise on licensing deals, earning royalties or consultancy fees for protecting creative works.
  • Technology start-ups in Nairobi’s iHub or Konza Techno City - you guide founders on the essentials of a valid contract, draft partnership and shareholder agreements, and advise on agency relationships, receiving equity stakes or consulting retainers.
  • Non-governmental organisations (NGOs) operating in rural development - you interpret the court structure and jurisdiction to file or defend lawsuits, and use knowledge of tort law to manage liability risks, earning stipends or project-based payments as a legal liaison.
  • Insurance firms in Nakuru and Mombasa - you differentiate tort, crime and breach of contract when assessing claims, apply general defenses, and determine appropriate remedies, earning bonuses for successful claim resolutions.
  • Legal research and paralegal services for law firms across Kenya - you identify sources of law, classify statutes and case law, and support attorneys in preparing court documents, receiving hourly wages or freelance project fees.
  • Hospital procurement departments in Kisumu and Eldoret - you negotiate supply contracts, ensure agents are properly classified, and manage disputes through appropriate legal channels, earning a professional salary as a procurement legal advisor.
  • Community land-registry offices in Turkana or Meru - you determine land interests, explain property classifications to local owners, and help resolve boundary disputes, receiving a government salary or consulting honoraria for community legal workshops.

Your grasp of commercial law will make you the go-to person who turns legal complexity into clear, actionable solutions - whether you work inside an organization or launch your own advisory practice. Keep building this expertise; it’s the key to a rewarding, impact-driven career in Kenya’s vibrant economy.

Chapters

What Principles Of Commercial Law covers: 51 main topics in 10 chapters

1. Demonstrate understanding of nature of law

  1. 1.1 Nature of law
  2. 1.2 Purpose of law
  3. 1.3 Sources of law
  4. 1.4 Classifications of Commercial Law
  5. 1.5 Comparison between Law and Morality

2. Illustrate structure of court system in Kenya

  1. 2.1 Court structure in Kenya
  2. 2.2 Composition of Kenyan courts
  3. 2.3 Jurisdiction of Courts
  4. 2.4 Procedure of appointment and removal of magistrates and judges
  5. 2.5 Tribunals
  6. 2.6 The role of the JSC, AG, LSK, and ODPP in the Kenyan legal system

3. Apply law of Tort

  1. 3.1 Nature of tortious liability
  2. 3.2 Tort, crime vs breach of contract
  3. 3.3 Capacity to sue/be sued by the law of tort
  4. 3.4 Types of tort
  5. 3.5 General defences in tort
  6. 3.6 Elements of tort

4. Apply law of Contract

  1. 4.1 Essentials of a valid contract
  2. 4.2 Types of Contracts
  3. 4.3 Methods of discharging a contract
  4. 4.4 Remedies of breach of a contract
  5. 4.5 Terms of contract

5. Apply law of Agency

  1. 5.1 Formation and classification of agents
  2. 5.2 Agents' authority
  3. 5.3 Duties of agents
  4. 5.4 Rights of Agents
  5. 5.5 Methods of terminating an agency

6. Apply law of Sale of Good

  1. 6.1 Sale and agreement to sell
  2. 6.2 Capacity to buy and sell
  3. 6.3 Terms of Sale of Goods
  4. 6.4 Caveat emptor
  5. 6.5 Factors affecting the transfer of title
  6. 6.6 Rights of parties in the sale of goods
  7. 6.7 Auction process
  8. 6.8 Duties of the seller
  9. 6.9 Duties of the buyer

7. Apply hire purchase contracts

  1. 7.1 Nature of Hire Purchase
  2. 7.2 Hire purchase agreement
  3. 7.3 Conditions of Terminating Hire Purchase Agreement
  4. 7.4 Completion of hire purchase agreement

8. Apply law of negotiable instruments

  1. 8.1 Negotiable instruments
  2. 8.2 Characteristics of negotiable instruments
  3. 8.3 Elements of negotiable instruments

9. Apply law of insurance

  1. 9.1 Insurance contracts
  2. 9.2 Principles of insurance
  3. 9.3 Formation of insurance contract
  4. 9.4 Requirement for insurance contract
  5. 9.5 Discharge of insurance contract

10. Apply law of property

  1. 10.1 Classifications of property
  2. 10.2 Land interest
  3. 10.3 Intellectual property

Revise this unit

3 more for this unit

Beyond the syllabus

Other units in Module V