Principles Of Commercial Law

Marketing Management · Level 5  ·  10 Chapters

Compiled by: Vincent Kipchumba

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What Principles Of Commercial Law covers

Principles of Commercial Law for Marketing Management Level 5 explains the legal rules behind everyday selling and buying in Kenya. You start with the nature and sources of law, its classification and the courts that apply it, including their composition and jurisdiction. Tort covers tortious liability, capacity to sue, types of torts and defences. Contract law looks at the essentials of a valid contract, types, discharge and remedies for breach. Agency examines classes of agents, their authority, duties and rights, and how agency ends. The unit then covers sale of goods, hire purchase, negotiable instruments, insurance and property law, so you can deal with customers and suppliers on firm legal ground.

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Careers after Principles Of Commercial Law

Understanding the fundamentals of commercial law gives you a powerful edge in many Kenyan workplaces. Whether you end up drafting contracts for a growing manufacturing firm, advising a tech start-up on protecting its inventions, or helping a community group navigate land issues, the knowledge you gain here translates directly into real-world value and earning potential.

  • Legal or compliance department in a medium-size manufacturing firm (e.g., Kiambu or Nakuru) - you interpret common-law principles, ensure the business follows the correct sources of law, and advise on how the law shapes daily operations, earning a salary as a junior legal officer or compliance analyst.
  • Real-estate agency or county land registry office in Nairobi or Kisumu - you classify property under the Property Act 2020, determine land interests, and guide buyers and sellers through the legal requirements, earning fees or a salaried position as a property law assistant.
  • Intellectual-property consultancy serving tech start-ups in Nairobi’s innovation hubs - you explain IP rights under the Constitution, help clients register trademarks or patents, and protect their digital assets, earning consultancy fees or a share of successful licensing deals.
  • Court clerk or paralegal in a district or high court (e.g., in Eldoret or Mombasa) - you describe the court structure and jurisdiction, prepare documents that match the constitutional composition of courts, and support judges and lawyers, receiving a government salary or contract-based remuneration.
  • Claims adjuster or risk assessor for an insurance company operating across Kenya - you apply tort law to evaluate liability, differentiate torts from crimes and contract breaches, and determine who can sue or be sued, earning commissions or a professional salary.
  • Contract manager in a construction or infrastructure firm working on projects in the Rift Valley - you identify the essentials of a valid contract, classify contract types, manage methods of discharge, and negotiate remedies for breach, securing a well-paid role that may also include performance bonuses.
  • Agency supervisor in a marketing or advertising agency serving clients in Nairobi’s Westlands and beyond - you classify agents under the law of agency, draft agency agreements, and ensure the agency’s actions are legally sound, earning a managerial salary and potential profit-sharing.
  • Small-business owner in an informal market (e.g., Gikomba or Kariokor) - you use basic contract and tort knowledge to protect your stall, handle disputes with suppliers, and avoid legal pitfalls, increasing profits by reducing costly litigation.
  • Community development officer working with NGOs on land-rights projects in the Western region - you interpret land-interest rules, explain property classifications, and guide communities through legal processes, earning a stipend or grant-based salary while making a social impact.
  • Freelance legal content creator for online learning platforms or local radio programmes - you translate complex legal concepts - like jurisdiction, defenses in tort, and remedies for breach - into easy-to-understand material, generating income through royalties, sponsorships, or per-article fees.

Mastering these legal building blocks not only makes you a valuable asset to employers across Kenya, it also equips you to launch your own consultancy, protect your own ventures, and shape a career that blends law with marketing savvy. Keep pushing forward - you’re on the path to becoming a trusted legal-marketing professional!

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 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 defences
  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 III