Helpdesk: WhatsApp: 0736552548 Email: info@kenyaplex.com

Commercial Law Notes (CPA PART I CPA SECTION 1 CCP SECTION 1 CS SECTION 1)

Institution: KASNEB

Course: CPA, CCP, CS

Content Category: Lecture Notes

Posted By: Alber

Document Type: DOCX

Number of Pages: 247

Price: KES 300

Views: 711 Downloads: 8

Summary

TOPIC 1
INTRODUCTION TO LAW
NATURE PURPOSE AND CLASSIFICATION OF LAW
MEANING OF LAW, NATURE AND PURPOSE OF LAW MEANING OF LAW
Law, simply put, refers to the set of rules which guide our conduct in the society and is enforceable by the state via public agencies.
Law in its general sense tends to be as a result of the necessary relations arising from the nature of things. In this sense all things have their laws. Humans, material world, superior beings and even animals all have their own laws. Simply put, the nature of these relationships tends to determine the nature of the laws.
But the intelligent world is far from being so well governed as the physical. This is because intelligent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws.
Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the
political and civil laws of each nation ought to be only the particular cases in which human reason is applied.
According to the oxford dictionaries law can be defined as; The system of rules which a
particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties
NATURE OF LAW
The different schools of thought that have arisen are all endeavors of jurisprudence: Natural law school Positivism, realism among others. It is these schools of thoughts that have steered debates in parliaments, courts of law and others.
? Natural law theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarized by the maxim: an unjust law is not a true law, in which 'unjust' is defined as contrary to natural law.
? Legal positivism is the view that the law is defined by the social rules or practices that
identify certain norms as laws
? Legal realism- it holds that the law should be understood as being determined by the actual practices of courts, law offices, and police stations, rather than as the rules and doctrines set forth in statutes or learned treatises. It had some affinities with the sociology of law.
? Legal interpretivism- is the view that law is not entirely based on social facts, but includes the morally best justification for the institutional facts and practices that we intuitively regard as legal.
Generally speaking law has the following characteristics
1. It is a set of rules.
2. It regulates the human conduct
3. It is created and maintained by the state.
4. It has certain amount of stability, fixity and uniformity.
5. It is backed by coercive authority.
6. Its violation leads to punishment.
7. It is the expression of the will of the people and is generally written down to give it definiteness.
8. It is related to the concept of 'sovereignty' which is the most important element of state.

FUNCTIONS/PURPOSES OF LAW
1. It promotes peaceful coexistence/ maintenance of law and order/ prevents anarchy
2. It is a standard setting and control mechanism. Law sets standards of behaviour and conduct in various areas such as manufacturing, construction, trade e.g. The law also acts as a control mechanism of the same behaviour
3. It protects rights and enforces duties by providing remedies whenever these rights or
duties are not honoured.
4. Facilitating and effectuating private choice. It enables persons to make choices and gives them legal effect. This is best exemplified by the law of contracts, marriage and succession.
5. It resolves social conflicts. Since conflicts are inevitable, the rule of law facilitates their
resolution by recognizing the conflicts and providing the necessary resolution mechanism.
6. It controls and structures public power. Rules of law govern various organs of
7. Government and confer upon them the powers exercisable by them. The law creates a limited Government. This promotes good governance, accountability and transparency. It facilitates justice in the society.

CLASSIFICATION OF LAW

Law may be classified as:

1. Written and Unwritten.
2. Municipal (National) and International.
3. Public and Private.
4. Substantive and Procedural.
5. Criminal and Civil.

Below is the document preview. Purchase to access the complete document.

........

This is the end of this document preview. Buy to download the complete document.

More Resources

AEM 203 Agroecology II Notes
AEM 203 Agroecology II Notes University of Embu Bachelor of science in management of agro-ecosystems and environment Brief overview: Basic Concepts 1. Ecosystem: A piece of earth containing...

Price: KES : 1000
ISC 207 Management Information Systems Notes
Full notes on management of information systems. Get the full notes here Brief Overview: System Concept A system is an organized, purposeful structure regarded as a whole and consisting of...

Price: KES : 200
BASS 301: Religion and Science in East Africa Notes 2016/2017
Scientific methods of study and research Brief Overview: INTRODUCTION The following section attempts to explain the relationship between religion and science. It starts by explaining the...

Price: KES : 400
AEM 203 Agroecology Notes: Interaction between agriculture, global environment and social systems
The notes comprises origin of agriculture, the global food system and its influences on environment and its mitigation measures 2.0 INTERACTION BETWEEN AGRICULTURE, GLOBAL ENVIRONMENT AND SOCIAL...

Price: KES : 1000
Laboratory Manual on the Determination of Electrical Conductivity and Salinity of Water
This is a laboratory manual on the determination of electrical conductivity and salinity of water Experiment: Determination of the conductivity and salinity of water Introduction Conductivity is a...

Price: KES : 500
Kenyatta University EMP 201: Curriculum Development Notes
Document Length: 9 pages. The notes are all about curriculum Implementation and Teacher education, the definition of Curriculum Implementation, Strategies for Curriculum Implementation, Agencies of...

Price: KES : 150
Internet and Networking Revision Notes: Module III diploma in ICT
These are revision questions and answers for module III diploma in ICT. They are very understandable Q&A for exam preparation. DATA COMMUNICATION AND NETWORKS 1. Define the term Computer...

Price: KES : 200
TPR 202 Ethics/Introduction to Ethics Notes
These are the ethics notes from a researched background and they help one understand about social science. Please read and at the end of it you will benefit, am sure. TPR 202 ETHICS/ INTRODUCTION...

Price: KES : 150
Sociology Notes: Scope of Sociology
Sociological theory: A theory refers to a statement of general principles which try to explain the nature of things. A sociological theory is, therefore, a branch of sociology that attempts to...

Price: KES : 200
BLM 3312: Logistics Management Notes
Content covered in this document: - Definition of Logistics - Types of Logistics;inbound,outbound and reverse logistics - Diagrammatic representation of different types of...

Price: KES : 100
BBM 3324: Insurance Risk Management Notes
[ENVIRONMENTAL RESOURCE MANAGEMENT]ERM Challenges 1. Assessing ERM’s Value 2. Privilege 3. Defining Risk 4. Risk Assessment Methods 5. Qualitative Versus Quantitative risks 6. Time Horizon 7....

Price: KES : 100
SCS 2113: Management Information System Notes
Management information system MIS levels in organization Functions of MIS MANAGEMENT INFORMATION SYSTEM_2 STRUCTURE What does a management information system look like? What does a management...

Price: KES : 200
Conflict of Laws With Regard to Marriage
Introduction According to Fawcett, private international law (Conflict of Laws) is that part of domestic law which comes into operation whenever the court is faced with a claim that contains...

Price: KES : 1500
CLS 401: Professional Ethics Notes
Notes on Professional Ethics and practice for Law students, neatly summarized for easier reading and understanding. Each topic is outlined clearly. The notes cover most topics taught in professional...

Price: KES : 2000
ENTR 032: Introduction to Entrepreneurship
An entrepreneur is someone who conceives an idea, creates a path to success, does whatever it takes to succeed and tries to dominate their market since they're willing to risk almost everything to...

Price: KES : 100
EMA 412: Economics and Planning of Education Notes 4th year
These are lectures note for EMA412:ECONOMICS AND PLANING OF EDUCATION for 4th year for education students. Brief Overview: Educational Planning Is a conscious and deliberate Government effort...

Price: KES : 300
EMA 411: Educational Management and Administration Notes
These are lecture notes of EMA 411.EDUCATIONAL MANAGEMENT AND ADMINISTRATION for 4th year students for teaching and reading. Brief Overview: Organization – refers to the structure and...

Price: KES : 200
AEC 418: Project Appraisal and Evaluation - Introduction to Project Appraisal Notes
Content: This is an introduction to project appraisal and evaluation. 1. Introduction A project appraisal should entail the following: 1) A presentation and discussion of the socio-economic...

Price: KES : 300
AEC 418: Project Appraisal and Evaluation - Financial Appraisal Notes
This is a well illustrated topic about financial appraisal in the course project appraisal and evaluation. This topic has the following subtopics: (i) Total investments costs (ii) Fixed...

Price: KES : 50
ABA 431: Business Research Methods for Business Management Notes 4th Year
BUSINESS RESEARCH METHODS FOR BUSINESS MANAGEMENT for 4th year for education students .The notes can be used for teaching and learning. Brief Overview: 1.1 MEANING OF RESEARCH Research refers...

Price: KES : 300
BEC 3400: Economics of Public Policy Notes
These notes gives the full detail of economics of public policy which is taught to students in fourth year who take bachelor of science in economics. The notes are well summarized and in a simple and...

Price: KES : 200
Diploma in Clinical Medicine and Surgery Cims 0336: Medicine 2 Notes
This are notes for medicine 2,they can be used for teaching in clinical medicine and surgery Brief overview: RISK FACTORS Malnutrition and conditions with IS such as HIV LBW Large population...

Price: KES : 99
ENS 2100: Urbanization and environment Notes (One Sub-topic)
This contains only one sub-topic about the environment and urbanization well written and summarized Brief Overview: URBANIZATION AND ENVIRONMENT. In this paper we are going to discuss the...

Price: KES : 10
Professional Theory and Practice
This work gives the definition, history, concepts, nature, the empirical formulation, value & ethics, practice model, perspectives and practical interventions of behavioral theory. It gives clear...

Price: KES : 200
AEC 418 Project Appraisal and Evaluation - Economic Analysis of Projects
This is a topic about economic analysis of projects. it is an important topic in project appraisal and evaluation. It has the following sub topics (i) conversion of markets to accounting prices (ii)...

Price: KES : 200
AEC 418 Project Appraisal and Evaluation - Risk Assessment of Projects
This document is about the topic 'Risk assessment of projects'. Assessment of projects is a very important thing in project evaluation. The following are the key subtopics which are highlighted. (i)...

Price: KES : 100
EPY 110: Maseno University Introduction to Educational Psychology Notes
This is full notes for the students taking Education.Introduction to psychology comes in simple and easy to understand notes placed in point form. All the theories are described in a simple way and...

Price: KES : 50
Applied Stochastic processes: Branching Process Notes
The notes are based on discrete branching process and provides a deeper understanding of the probability distributions of each population generation and introduces the concept of probability of...

Price: KES : 100
Maseno University UCI 101: Foundations of Information Technology Notes
These are full notes for the unit of Foundation of information technology UCI 101 Maseno University. Brief overview: DEFINITION OF TERMS Information and Communication Technologies...

Price: KES : 60
BSC 3321: Network System Integration and Maintenance Notes 2nd Year (4 Pages)
This is a 4 page document. Brief Overview: 1. NETWORK SYSTEM INTEGRATION Is a process of bringing together the component subsystems into one system and ensuring that the subsystems function...

Price: KES : 100

Commercial Law Notes (CPA PART I CPA SECTION 1 CCP SECTION 1 CS SECTION 1)

Summary

More Resources

More Content By Alber