Principles Of Commercial Law

Project Management · Level 5  ·  10 Chapters

Compiled by: James Mwangi

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What Principles Of Commercial Law covers

In this unit, you will be able to confidently navigate the essential principles of commercial law as they apply in Kenya. By the end, you’ll understand the structure and sources of law, classify different types of property and legal cases, and explain how courts operate. You’ll also be able to distinguish between torts, crimes, and contracts, and know how legal rights and liabilities are determined in real business situations. These skills will empower you to make informed decisions and protect your interests in the workplace and beyond.

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Careers after Principles Of Commercial Law

In the world of construction, procurement, real-estate and entrepreneurship, the legal know-how you gain in this unit becomes the backbone of every deal, project and partnership. Whether you join a county office, a private firm, or launch your own venture, understanding Kenya’s commercial law lets you protect assets, avoid costly disputes and turn opportunities into solid, profitable outcomes.

  • County land-registry offices in Kiambu or Nakuru - you verify land titles, classify property interests and ensure transactions comply with the Property Act, earning a salary as a land-records officer while safeguarding community land rights.
  • Legal departments of large construction firms in Nairobi or Mombasa - you draft, review and enforce construction contracts, determine jurisdiction for potential disputes and advise on tortious claims, earning a professional wage as a contract specialist.
  • Procurement units of public-sector agencies (e.g., county governments, ministries) - you apply the essentials of a valid contract, assess capacity to sue or be sued, and select appropriate remedies for breach, securing steady employment as a procurement officer.
  • Real-estate development companies in the Rift Valley - you classify land, identify interests and navigate the court structure for any litigation, earning commissions or a salary while guiding projects from acquisition to hand-over.
  • Intellectual-property advisory services for tech start-ups in Nairobi’s Silicon Savannah - you explain IP rights under the Constitution, help clients register trademarks or patents, and advise on infringement disputes, generating income through consultancy fees.
  • Small-business owners in coastal tourism (e.g., boutique hotels in Diani) - you use your knowledge of contract types, agency law and remedies for breach to negotiate supplier agreements and manage agents, protecting profit margins and avoiding litigation.
  • Community-development NGOs operating in western Kenya - you interpret common-law principles and sources of law to advise on land-use agreements, ensuring projects respect local customs and legal standards, earning stipends or project-based payments.
  • Mediation and alternative-dispute-resolution centres in Eldoret - you differentiate tort, crime and breach of contract, identify defenses and guide parties toward settlement, earning fees as a certified mediator.
  • Compliance and risk-management units in manufacturing firms in Machakos - you assess tortious liability, monitor contractual obligations and advise on agency relationships, receiving a regular salary while reducing the firm’s legal exposure.

Mastering these principles opens doors across Kenya’s formal and informal economies - turning legal insight into real earnings and a career you can be proud of. Keep building your expertise; the law is the tool that turns ideas into secure, thriving businesses.

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 tortuous 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 Essential 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 III