CA1.4 – Commercial and Corporate Law

CA1.4-Commercial and Corporate Law

On completion of this module, candidates will reach a competency sufficient to be able to:

• Outline the Zambian legal framework and sources of Zambian law
• Apply the law relating to contractual obligations
• Apply law relating to sales of goods
• Apply law relating to employment
• Apply law relating to principal/agent relationships
• Apply the law of tort
• Describe the legal responsibilities relating to business organisations

Syllabus topics	Weighting (%)	LO
The Zambian legal framework	5	1
Contractual obligations	25	2
Sales of goods	5	3
Employment	5	4
Principal/agent relationships	5	5
The law of tort	5	6
The legal responsibilities relating to business organisations	50	7 and 8

 

Learning outcomes

• LO1: Outline the essential elements of the Zambian legal framework and sources of Zambian law
• LO2: Apply the law relating to contractual obligations
• DLO3: Apply law relating to sales of goods
• LO4: Apply law relating to employment
• LO5: Apply law relating to principal/agent relationships
• LO6: Apply the law of tort
• LO7: Explain the legal responsibilities relating to incorporation
• LO8: Explain the legal responsibilities relating to partnerships

1. Outline the Zambian legal framework and sources of Zambian law, identifying:
   1. The constitution as a primary source of law
   2. Legislation and the interpretation of statutory law
   3. Case law and the court structure
   4. The reception of common law, equity and English statutes in Zambia
   5. Distinction between criminal and civil liability
2. Apply the law relating to contractual obligations, identifying:
   1. The essential elements of a valid contract
   2. The terms and conditions of a contract
   3. Misrepresentation as a vitiating factor
   4. Discharge or termination of contract
   5. Various remedies under the law of contract
3. Apply law relating to sales of goods, identifying:
   1. Definitions, conditions and warranties
   2. Transfer of property, risk and title to the goods
4. Apply law relating to employment, identifying:
   1. Distinction between contract of service and contract for services
   2. Types of employment contracts under the Employment Act, Chapter 268 of the Laws of Zambia
   3. Vicarious liability
   4. Dismissal and redundancy
5. Apply law relating to principal/agent relationships, identifying:
   1. Establishment of the agent/principal relationship
   2. Authority of an agent
   3. Rights and duties of both the agent and the principal
   4. Termination of agent/principal relationship
6. Apply the law of tort, identifying:
   1. Definition of a tort
   2. Elements of negligence
   3. Professional negligence
   4. Defences and remedies available under the law of tort
7. Describe the legal responsibilities relating to business organisations
   1. Describe the legal formation of different type of companies
   2. Describe the financing of companies, including
      1. Share capital
      2. Loan capital
      3. The importance of capital maintenance
   3. Describe the management, administration and governance of companies, including
      1. The role of company directors
      2. Meetings and resolutions
      3. Officers of the company
      4. Corporate governance structures
   4. Describe the process of corporate insolvency
   5. Describe the legal formation of partnerships and different types of partners
   6. Outline the rights and duties of partnerships
   7. Describe the process of partnership dissolution
   8. Describe the key aspects of limited liability partnerships
      1. Describe the key aspects of insolvency
      2. Describe the responsibilities that business organisations have with respect to money laundering
   9. Describe the responsibilities that business organisations have with respect to environment protection and sustainability.