Principles Of Commercial Law

Marketing Management · Level 6  ·  10 Chapters

Compiled by: Bonface Omondi

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What Principles Of Commercial Law covers

In this unit, you will be able to confidently navigate the foundations of commercial law in Kenya, understanding how laws are created, classified, and applied in real-life business and property contexts. You will learn to interpret key legal concepts like property rights, court structures, and tort liabilities, empowering you to make informed decisions and protect your interests in the commercial world. By the end, you’ll be equipped to apply these principles practically, giving you a strong legal foundation to succeed in your trade and community.

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Careers after Principles Of Commercial Law

Understanding commercial law isn’t just about passing exams - it’s the foundation for making smart, secure decisions in any business setting. Whether you’re drafting a marketing contract, protecting a brand’s creative work, or advising a client on land use, the legal insights you gain here open doors across Kenya’s vibrant commercial landscape.

  • Law firms and boutique legal consultancies in Nairobi’s CBD - you research case law, draft contracts, and advise clients on tort claims, earning fees for each service you provide or as a salaried associate.
  • Commercial legal departments in manufacturing and agro-processing companies in Kiambu and Nakuru - you ensure the company’s supply-chain agreements comply with the Contract Act, manage liability risks, and protect intellectual property, receiving a regular salary and performance bonuses.
  • Real-estate agencies and land-registry offices in Mombasa’s coastal towns and the Rift Valley - you verify land interests, classify property titles, and guide buyers through the legal steps required for registration, earning commissions on each successful transaction.
  • Intellectual-property advisory services in Nairobi’s tech hubs and university innovation centres - you help startups and creative entrepreneurs file trademarks, copyrights, and patents, charging consultancy fees or a percentage of the registration cost.
  • Marketing and advertising agencies in Westlands, Kilimani and Karen - you review agency-client agreements, negotiate media contracts, and advise on the use of copyrighted material, earning a salary plus project-based incentives.
  • E-commerce platforms and online marketplace operators operating nationwide - you draft user terms, privacy policies, and dispute-resolution procedures, receiving a fixed salary and bonuses linked to reduced legal exposure.
  • Procurement and supply-chain units in county governments and public-private partnership projects - you evaluate tender contracts, ensure compliance with the Judicature Act and public-procurement regulations, and advise on liability issues, earning a civil service salary and allowances.
  • NGOs and consumer-rights organisations in Eldoret and Kisumu - you conduct community workshops on contract awareness, tort remedies, and IP protection, receiving stipends, grant funding, or project-based payments.
  • Freelance business advisors and contract-drafting specialists serving informal-sector traders in Nairobi’s Eastlands - you create simple, enforceable agreements for market stall rentals, vendor collaborations, and service provision, charging per-contract fees.
  • Court-clerk or judicial-assistant roles in county courts and the High Court in Nairobi - you assist with filing procedures, manage case dockets, and explain jurisdictional matters to the public, earning a government salary and overtime allowances.

Mastering these legal principles turns you into a trusted adviser who can protect value, prevent disputes, and add credibility to any commercial venture - making you an indispensable asset wherever business happens in Kenya. Keep building your expertise; the opportunities are waiting.

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 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 III