Principles Of Commercial Law

Office Administration · Level 6  ·  10 Chapters

Compiled by: Beatrice Adhiambo

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What Principles Of Commercial Law covers

In this unit, you will be able to confidently navigate the fundamentals of commercial law, understanding how laws shape business and property rights in Kenya. You will learn to identify and apply key legal principles, classify different types of law and property, and grasp the structure and jurisdiction of courts. By the end, you’ll be equipped to handle real-world legal issues with clarity and confidence, making informed decisions that protect your interests and those of your clients.

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Careers after Principles Of Commercial Law

Understanding commercial law isn’t just about passing exams - it opens doors to many practical roles across Kenya’s bustling business and public sectors. Whether you work inside an office, run your own consultancy, or support community enterprises, the knowledge you gain here becomes a valuable asset.

  • Legal department of a medium-size manufacturing firm in Nakuru - you draft, review and advise on contracts, ensure compliance with the Companies Act and resolve disputes, earning a salary as a junior legal officer or contract specialist.
  • County land registry office in Kiambu - you interpret the Property Act 2020, verify land interests and process title transfers, receiving a government stipend or fee-based income for each registration you handle.
  • Real-estate agency in Mombasa’s coastal resorts - you counsel buyers and sellers on property classification, lease agreements and tort liability, earning commissions from successful transactions.
  • Intellectual-property advisory service in Nairobi’s Westlands - you guide musicians, designers and tech start-ups through copyright and trademark registration under the Constitution, charging clients per filing or retainer.
  • Paralegal or contract-drafting freelance business serving SMEs in Eldoret - you prepare valid contracts, explain remedies for breach and advise on agency relationships, billing hourly or per agreement.
  • Community dispute-resolution centre in Kisumu - you apply tort and contract principles to mediate neighbour or small-business conflicts, receiving stipends from NGOs or local councils.
  • Procurement unit of a county government in Garissa - you assess the legality of tender documents, ensure agents act within the law and advise on contractual obligations, earning a civil service salary.
  • Court clerkship or docket clerk role at a High Court in Nairobi - you navigate court structures, jurisdiction and filing procedures, gaining experience that can lead to higher-paid judicial support positions.
  • Compliance officer for a micro-finance institution in Thika - you evaluate loan agreements for validity, monitor tortious liabilities and ensure the institution’s contracts meet statutory requirements, receiving a professional salary.
  • Entrepreneurial legal-consultancy startup in Nakuru - you offer bundled services - property title checks, contract reviews, IP advice and agency registration - to local traders and artisans, earning income from service fees and retainer packages.

Your grasp of commercial law equips you to protect businesses, empower creators and keep communities running smoothly. Keep building on these foundations, and you’ll find countless ways to turn legal knowledge into a rewarding career.

Chapters

What Principles Of Commercial Law covers: 59 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 in Kenya
  4. 1.4 Classification of law in Kenya
  5. 1.5 Law and morality

2. Illustrate the structure of court system in Kenya

  1. 2.1 Court structure in Kenya
  2. 2.2 Kenyan courts
  3. 2.3 Jurisdiction of courts
  4. 2.4 Administrative tribunals
  5. 2.5 Licensing boards
  6. 2.6 Components of the judicial service of Kenya

3. Apply law of Tort

  1. 3.1 Nature of tortious liability
  2. 3.2 Tort, crime and breach of contract
  3. 3.3 Capacity to sue/be sued
  4. 3.4 Types of torts
  5. 3.5 General defenses
  6. 3.6 Vicarious liability
  7. 3.7 Strict liability
  8. 3.8 Types of nuisances

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 contract
  4. 4.4 Remedies of breach of contract
  5. 4.5 The acceptance
  6. 4.6 Consideration
  7. 4.7 Contractual capacity
  8. 4.8 Terms of contract
  9. 4.9 Vitiating elements
  10. 4.10 Breach of contract

5. Apply law of Agency

  1. 5.1 Meaning of agency
  2. 5.2 Parties to an agency relationship
  3. 5.3 Formation of agency
  4. 5.4 Rights of agents
  5. 5.5 Duties of agents
  6. 5.6 Liability of an agent to third parties
  7. 5.7 Undisclosed principal
  8. 5.8 Classes of agents
  9. 5.9 Termination of agency

6. Apply law of sale of goods

  1. 6.1 Differences between sale and agreement to sell
  2. 6.2 Capacity to buy and sell
  3. 6.3 Terms of sale of goods
  4. 6.4 Doctrine of caveat emptor
  5. 6.5 Factors affecting transfer of titles
  6. 6.6 Rights of parties
  7. 6.7 The auction process

7. Apply hire purchase contracts

  1. 7.1 Nature of hire purchase
  2. 7.2 Hire purchase agreement registration
  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 Distinction between negotiable instruments

9. Apply law of insurance

  1. 9.1 Insurance contracts
  2. 9.2 Insurance principles
  3. 9.3 Insurance contracts formation
  4. 9.4 Insurance contracts discharge

10. Apply law of property

  1. 10.1 Classification of property
  2. 10.2 Determination of land interests
  3. 10.3 Intellectual property

Revise this unit

3 more for this unit

Beyond the syllabus

Other units in Module VI