Principles Of Commercial Law

Business Management · Level 6  ·  10 Chapters

Compiled by: Ann Chebet

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What Principles Of Commercial Law covers

In this unit, you will be able to confidently navigate the foundations of Kenyan commercial law, understanding how laws are created, classified, and applied in real-world situations. You’ll learn to identify different types of property and contracts, determine court jurisdictions, and explain key legal concepts like tortious liability and intellectual property rights. By the end, you’ll be equipped to make informed decisions and contribute effectively in legal and business environments, turning complex legal principles into practical skills for your trade.

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Careers after Principles Of Commercial Law

Understanding how commercial law works isn’t just about passing exams - it opens doors to real-world roles where you protect people’s rights, help businesses grow, and keep our economy running smoothly. Below are some of the places in Kenya where the knowledge you gain in this unit is put to work every day.

  • Law firms in Nairobi’s central business district - you research case law, advise clients on the purpose and sources of Kenyan law, and draft contracts, earning fees for legal counsel and representation.
  • Corporate legal departments of manufacturing firms in Kiambu and Nakuru - you interpret the Property Act to classify assets, determine land interests for new factories, and ensure contracts with suppliers meet all essential elements, receiving a salary as an in-house counsel.
  • County land registry offices in Eldoret and Kisumu - you verify titles, classify property, and guide applicants through the legal requirements for land interests, earning a civil service wage while safeguarding land transactions.
  • Real-estate agencies and brokerage houses in Mombasa’s coastal resorts - you explain land interests, advise on property classifications, and draft agency agreements, earning commissions on successful sales and rentals.
  • Intellectual-property advisory services for tech start-ups in Nairobi’s iHub and Konza Techno City - you interpret constitutional IP provisions, help innovators register trademarks or patents, and advise on infringement risks, charging clients consultancy fees.
  • Court-administration units in county referral courts - you describe court structures, determine jurisdiction, and assist judges in applying tort law, earning a salary as a court clerk or legal assistant.
  • Insurance companies in Nairobi and Thika - you assess tortious liability and breach-of-contract claims, draft policy terms, and advise on remedies, receiving a professional salary in claims or underwriting departments.
  • Procurement and tender evaluation units in county governments - you evaluate agency relationships, verify agents’ authority, and ensure contracts are valid and properly discharged, earning a public-service wage while supporting transparent procurement.
  • NGOs working on community land rights in Turkana and Kitui - you educate locals on the sources of law, property classification, and methods of terminating agency agreements, receiving project-based remuneration or grants for legal outreach.
  • Media houses and advertising agencies in Westlands and Upper Hill - you apply tort law to defamation and privacy issues, draft agency contracts with creatives, and advise on remedies for breaches, earning a salary as a media lawyer or contract specialist.
  • Freelance legal consultants serving small enterprises in rural towns - you provide contract drafting, agency advice, and IP guidance on a per-project basis, charging hourly or fixed fees and building a client base across sectors.

Mastering these principles equips you to become the trusted legal voice that businesses, communities, and institutions rely on - a skill set that can launch a rewarding career or a thriving independent practice. Keep pushing forward; the Kenyan legal landscape needs your expertise!

Chapters

What Principles Of Commercial Law covers: 55 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 tortuous liability
  2. 3.2 Tort, crime and breach of contract
  3. 3.3 Capacity to sue/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 Classification of agents
  2. 5.2 Establishment of agents' authority
  3. 5.3 Identification of duties of agents
  4. 5.4 Identification of rights of agents
  5. 5.5 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 III