SYLLABI PART A BUSINESS LAW

by

BUSINESS LAW

  1. AIM
  2. LEARNING OUTCOMES
    1. Understand the nature of law
    2. Know the sources of law
    3. Have a basic understanding of the law relating to:

The aim is to:-

create an understanding of the processes of Zimbabwean law, rather than the theories, which impinge on business.

At the conclusion of this module the candidate should be able to:-

  • Delict
  • Contract
  • Partnership and companies
  • Agency
  • Debt collection
  • Carriage of goods
  1. PRE-REQUISITE LEARNING
  2. LEARNING CONTENT
    1. the relationship of and distinction between common law, statute law and customary law;
    2. stare decisis;
    3. ratio decidend.
      1. The formation of a contract, consensus and capacity to act.
      2. Effect of defects of will such as in mistake, misrepresentation, duress, undue influence etc.
      3. Performance must be possible:  Effect of impossibility of performance existing at the time of the conclusion of the contract as distinguished from supervening impossibility of performance.
      4. Transfer of contractual rights and obligations.  The conclusion of contracts, its performance and its objects must be lawful with particular emphasis on agreements in restraint of trade.
      5. Formal requirements must be met.
      6. The contents and Interpretation of the contract
      7. Breach of contract and remedies on the ground of breach.
      8. The termination of obligations.
      9. Contracts of Lease
    4. Agency and Authority
      1. Formation of agency
      2. The effect of agency
      3. Liability of the agent
      4. Types of agent
      5. Termination of Authority
    5. Delict
      1. Definition
      2. Remedies
      3. Responsibility of employers for the defects of employees.
    6. Partnerships and Companies
      1. Formation
      2. Dissolution of Partnerships
      3. Differences between partnerships and companies
    7. Debt Collection
      1. Instructing the lawyer
      2. Summons
      3. Default judgement, Judgement and Provisional Sentence
      4. Writ of Execution
      5. Civil imprisonment
      6. The small claims court
    8. Carriage of Goods
      1. The common law position
      2. The position under the consumer contracts Act No. 6 of 1994
      3. Taking note of the existence of other related statutes.
  3. ASSESSMENT SCHEME
    1. RECOMMENDED READING

Evidence of assessed pre-requisite knowledge and understanding at ‘A’ Level, or those of equivalent qualifications which have been approved as meeting the Institute’s qualifications must be demonstrated.

4.1        The Nature of Law

4.2        An Outline of selected areas of Business Law

                                          

4.2.1     General Principles of Contract                                     

– essentialia of a contract

– implied terms

– the Parol Evidence Rule.

4.2.2.0  Specific Contracts

4.2.2.1  Specific Contracts

– requirements for the formation of a contract of sale

– the duties of the seller

– the duties of the purchaser

– transfer of ownership

– definition of a lease

– duties of the lessor

– duties of the lessee

– the hypothec of the lessor

– termination of contracts of lease

Three hour examination paper.

CHRISTIE RH (1992) PRACTICAL COMMERCIAL LAW IN ZIMBABWE (1ST Edition) FOUNDATION FOR BUSINESS STUDIES HARARE
CHRISTIE RH (1998) BUSINESS LAW IN ZIMBABWE (2nd Edition) JUTA & Co Ltd KENWYN
MANAGE AJ, MADHUKU L (1996) A HANDBOOK ON COMMERCIAL LAW IN ZIMBABWE UNIVERSITY OF ZIMBABWE HARARE
Share

Leave a Reply

Your email address will not be published. Required fields are marked *