LAW 104:
YEAR
SEMESTER
CREDIT POINTS
CONTACT HOURS PER WEEK
COMPULSORY COURSE IN
ELECTIVES COURSE IN
PREREQUISITE COURSE(s):
MODE OF TEACHING:
COMMERCIAL LAW
I
1
2
5 (3 Lectures and 2 Seminars )
BPA I, B.Sc. (ICTM, POM III)
NONE
NONE
Lectures and Seminars
COURSE OBJECTIVES:
To enable students understand the basic legal issues involved in different areas of business undertaking.
At the end of the course students should:
Know the legality of decision and actions taken in the course of business; and. be capable of handling legal
issues involved in the discharge of their professional obligations be able to apply the skills acquired in
business undertakings
READING LIST:
BOOKS:
Arora, A. (1983): Practical Business Law, Macdonald & Evans Ltd, London.
Chance, E.W. (1980): Principles of Mercantile Law, 2nd ed., Cassell Ltd, London.
Guest, A.G. (1986): Anson’s Law of Contract, 26th ed., Clarendon Press, Oxford.
Kapoor, N.D. (1992): Commercial Law, Sultan Chand & Sons, New Delhi, India.
Kapoor, N.D. (1980) Elements of Mercantile Law, Sultan Chand & Sons, New Delhi, India.
Keenan, D. & Riches, S, (1990): Business Law, 2nd ed.; Pitman, London.
Massawe, A.A.F. (1989): Digest of Tanzania Law of Contracts, T.M.P. Book Department, Tabora.
STATUTE(S)
The Law of Contract Ordinance (Cap. 433 of the Laws of Tanzania)
COURSE CONTENT:
1.
GENERAL LAW OF CONTRACT
Elements of a valid contract
Agreement: offer and acceptance
Intention to create legal relations
Consideration
Form of a contract
Capacity to contract
Vitiating Factors in a contract
Mistake
Misrepresentation and Fraud
Duress and undue influence
Illegality
Contracts in restraint of trade
Discharge of Contract
Discharge by agreement
Discharge by performance
Discharge by operation of law
Frustration
Breach of Contract and Remedies
2.
3.
4.
5.
SALE OF GOODS:
The contract of sale of goods
Conditions and Warranties:
Express and Implied terms
Passing of Ownership and Risk
The ‘Nemo dat quod non habet’ rule
Performance of the Contract
Rights of an unpaid seller
against the buyer;
against the goods
Auction sales
AGENCY AND PARTNERSHIP:
Agency:
Formulation of agency
(ii)
Classes of agency
Duties of Principal and agents
The authority of the agent
Termination of agency
Partnership
(i)
Nature of partnership
Formulation of partnership
Rights and duties of partners
Partner’s dealing with outsiders
Dissolution of partnership
NEGOTIABLE INSTRUMENTS:
Meaning of negotiable Instruments
Negotiability of the Instrument
Bills of Exchange:
(i)
Meaning of a bill of exchange
Signature, delivery and endorsement of a bill
Liability of parties to a bill of exchange
Discharge of parties to a bill
Instances of a bill
(i)
Cheques promissory notes
PRINCIPLES OF INSURANCE:
Insurance contract
Purpose and characteristics of Insurance contract
Formulation of Insurance contract
Insurable interests
The principle of indemnity
The effect of fraud
Double insurance
Subrogation