Title Law & Governance.pdf ✅

INTRODUCTION TO LAW AND GOVERNANCE Contact: 0724 398053 Page 1 INTRODUCTION TO LAW AND GOVERNANCE CPA FOUNDATION LEVEL STUDY TEXT Revised: September 2021
Contact: 0724 398053 Page 2 INTRODUCTION TO LAW AND GOVERNANCE CONTENT 2. 1 Elements of Legal systems 2.1.1. Nature, purpose and classification of law - Meaning of law - Nature of Law - Purpose of law - Classification of law - Law and morality 2.1.2 Sources of law - The Constitution - Legislation - Substance of common law and doctrines of equity - African customary law - Islamic law - Judicial precedent - General rules of international law and ratified treaties 2.1.3 Administrative law - Meaning of administrative law - Functions of administrative law - Doctrine of separation of powers - Principles of natural justice - Judicial control of the Executive 2.1.4 The court system - Establishment, Structure, composition and jurisdiction of courts - Supreme Court - Supreme Court - Court of Appeal - High court - Employment and labour court - Magistrate courts - Courts martial - Kadhis courts Alternative dispute resolutions - Nature of Alternative dispute resolutions - General Principles of ADR - Mediation - Negotiation - Conciliation
Contact: 0724 398053 Page 3 INTRODUCTION TO LAW AND GOVERNANCE 2.2 Law of persons - Natural persons - Nationality, citizenship and domicile - Unincorporated associations - Incorporated associations - Co-operative societies 2.3 Law of tort - Nature of tort - Negligence - General defences in the law of tort - Vicarious liability - Strict Liability - Defamation - Occupiers liability - Limitation of actions 2.4 Law of contract - Definition of contract - Classification of contracts - Essentials of valid contract - Terms of a contract - Vitiating factors - Illegal contracts - Discharge of contract - Remedies for breach of a contract - Limitation of actions 2.5 Sale of goods - Nature of the contract - Formalities of the contract - Terms of the contract - Implied terms by statute - Rights and duties of the parties - Auction sales - International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DES, DDU, Ex-works and Ex-ship 2.6 Hire Purchase Contracts - Nature of the hire purchase contract - Difference between hire purchase and conditional sale/credit sale - Formalities of the hire purchase contract - Implied terms of the hire purchase contract - Rights and duties of the parties - Termination and completion of the hire purchase contract
Contact: 0724 398053 Page 4 INTRODUCTION TO LAW AND GOVERNANCE 2.7 Agency - Meaning, nature of agency contract - Types of agents - Creation of agency - Authority of an agent - Rights and duties of the parties - Termination of agency 2.8 Partnership - Nature of partnership - Types of partnership - Rights, duties and liabilities to existing, incoming, outgoing and minor partners - Management of partnerships - Dissolution of partnership and its consequences 2.9 Indemnity and Guarantees - Nature of the contracts - Rights and duties of the parties - Termination of contract - Remedies for breach of contract 2.10 Insurance - Nature of the contract - Formation of the contract - Principles of insurance - Types of insurance - Termination of the contract 2.11 Negotiable instruments - Nature and characteristics - Negotiability of the instrument - Types: Cheques, promissory notes, bills of exchange - Obligations of the parties 2.12 The law of property - Definition of property - Classification of property (real and personal, movable and immovable, tangible and intangible) - Property in land: Private, Public and Community land - Interests in land: estates, servitudes and encumbrances - Intellectual property: plant breeder’s patents, trademarks, copyrights and - Industrial designs 2.13 Emerging issues and trends