INTRODUCTION TO LAW AND ETHICS
Demonstrate knowledge of essential elements of the legal system, governance and ethical principles and apply them in practice
A candidate who passes this paper should be able to
- Demonstrate knowledge of essential elements of the legal system
- Demonstrate knowledge of legal personality
- Apply law of contract and tort in various scenarios
- Apply principles of governance in practice.
- Comply with ethical requirements
- Elements of The Legal System
- Concept of a legal system;
- Principal legal systems of the world;
- History and development of common law and Equity;
- Comparative legal systems;
- Historical development of the Kenyan state;
- The Kenyan legal system;
- Distinction between courts and tribunals
- Interpretation of statutes;
Nature, Purpose and Classification Of Law
- Meaning of law
- Nature of law
- Purpose of law
- Classification of law
- Law and morality
Sources of Law
- The Constitution
- Legislation and Delegated legislation
- Substance of common law and Doctrines of Equity
- African customary law
- Islamic law,
- Hindu Law
- Judicial precedent
- General rules of International law and ratified treaties
- Meaning of administrative law
- Sources of administrative law
- Functions of administrative laws
- Doctrine of separation of powers
- Delegate legislation
- Control of delegated legislation
- Discretion ad Judicial count of executive
- Liability of state (contractual/ tortious)
- Liability of state (contractual/tortious).
- Principles of natural justice
- Judicial control of the Executive
- Independence of judiciary.
- xii Remedies in administrative law (mandamus, certiorari, prohibition, habeas corpus; injunction and declaration)
The Court System
- Establishment, structure, composition and jurisdiction of courts
- Supreme Court
- Court of Appeal
- High Court
- Employment and Labour Relations Court
- Environmental and Land court
- International Court of Justice
- Magistrates Court
- Court Martial
- Kadhi’s Court
Alternative Dispute Resolutions
- Nature of alternative dispute resolutions (ADR
- Nature and types of disputes
- Legal framework governing Alternative Dispute Resolution
- General principles of ADR
- Negation skills
- Dispute Review Boards
- Traditional dispute mechanisms
- Customary alternative despites resolution structures
- Drafting arbitration agreements/clauses
Law of Persons
- Natural persons
- Nationality, citizenship and domicile
- Artificial person
- Unincorporated associations
- Incorporate associations
- Co-operative societies
Law of Tort
- Nature of tort; Distinction of tort, contract, crime and quasi contract. Justification in tort; violanti non fit injuria; Act of God interact accident, defence of property; necessity; statutory authority, mistake, Assault, Batty, Trespass, Defecate
- General defenses of tort
- Vicarious liability
- Strict Liability
- Occupiers liability
- Trespass (Person, Property, Battery, False imprisonment and trespass to goods detinue)
- Limitation of actions
- Remedies; judicial and extrajudicial, Damage, General special,
- Principles in awards damages,
- Survival of actions
Law of Contract
- Definition of contract
- Classification of contracts
- Essentials of a valid contract
- Terms of a contract
- exemption clauses;
- Vitiating factors
- Unfair and improper contracts
- Discharge of contract
- Remedies for breach of a contract
- Limitation of actions
- Negotiating and designing written contracts
- Implications of information Technology on classical principles of contract law
Sale of Goods
- Nature of the contract of sale of Goods;
- Types of Goods
- Formalities of the contract; Caveat emptor, transfer of Property non-owners
- Terms of the contract
- Implied terms statute, Custom / Usage
- Rights and duties of the parties; Remedies for price and breach of contract
- Auction sales
- International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DDU, Ex-works and Ex-ship
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
- Meaning and nature of the agency contract
- Types of agents; Creation of agency,
- Parties to the agency relationship.
- Creation of agency
- Authority of an agent; Scope and extent; Delegation.
- Rights and duties of the parties;
- Personal liability of agents
- Liability of the parties.
- Termination of agency;
- Liability of principal before and after termination
- Definition of partnership, Nature of partnership
- Essential features, parties, relation of partners third parties
- Types of partnerships; limited and general and limited liability partnerships (LLP)
- Rights, duties and liabilities of existing, incoming and minor partners
- Management of partnerships
- Dissolution of partnerships and its consequences
- Registration process and requirements of partnership business.
INDEMNITY AND GUARANTEES
- Essential features of indemnity
- Nature and extent of liability of indemnifier
- Commencement of liability of indemnifier
- Nature of the contracts; essential features of contract guarantee; Distinction between contract of guarantee/ indemnity extent of nature and Surety;
- Obligations of surety;
- Discharge of surety;
- Letters of Credit
- Rights and duties of the parties
- Termination of the contract
- Remedies for breach of contract
- Nature of the contract; Types, parties to negotiable instrument.
- Formalities of the contract
- Types of risks
- Parties to the contract of insurance
- Principles of insurance
- Types of insurance
- Transfers and amalgamation
- Termination of the contract
- Technology and insurance
- Nature and characteristics
- Negotiability of the instrument
- Types: cheques, promissory notes, bills of exchange
- Types of Crossings
- Obligations of the parties
- Banker- Customer relationship
- Presentment; purpose, time, place
- Discharge from liability
- Modes of discharge
- Dishonuor, mode of dishonor, nature of protest, penalties in case of dishonor
- Acceptance for honour
- Criminal liability
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
- Administration and management of land,
- Sectional Properties,
- Management company
- Obligations of lessor and lessee in sessional property Act
- Transfer of Land rights
- Role of Certified Accountant in property Transfer
- Meaning of Ethics
- The ethics in various professions
- The roles and duties
- Morality and etiquette
- Regulation of accountancy profession and
- Ethics of the accountant, secretaries and other professions
- The scope of work of professional indemnity
- Legal framework of professional ethics;
- Enforcement of legal ethical standards.
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THE ACCOUNTANTS ACT NO 15 OF 2008
THE PUBLIC SECRETARIES OF KENYA ACT CAP 534 OF 1988