DA6-Business Law

DA6-Business Law

Learning outcomes

On successful completion of D6, students should be able to:

1. Identify the main sources of Zambian law and other essential elements of the Zambian legal system
2. Explain and apply the legal rules relating to the law of obligations
3. Explain and demonstrate how the Sales of Goods Act 1893 impacts upon contracts
4. Explain and apply the law relating to employment relationships
5. Explain and apply the law relating to agent-principal relationships
6. Explain and apply the law of torts
7. Explain and apply the law relating to partnership arrangements

Topic	Weighting
Essential elements of the Zambian legal system	10%
Law of obligations	30%
Contracts under the Sales of Goods Act 1893	15%
Employment law	10%
Agency law	10%
The law of torts	10%
Partnerships	15%

Content

1. Essential elements of the Zambian legal system

   1. The Nature of Law
      1. Define law
      2. Explain the classification of law
   2. Sources of Law in Zambia
      1. The constitution as a primary source of law
         • Explain the importance of the Zambian constitution in underpinning law in Zambia
      2. Secondary legislation and the rules of statutory interpretation of law
         • Explain the role of legislation
         • Discuss the law formation process in Zambia
         • Discus delegated legislation
         • Describe the rules and presumptions used by the courts to interpret legislation
      3. Case law (M)
         • Explain the importance of precedents and case law
         • Discus the types of precedent
      4. Customary law (I)
         •  Explain the elements of a valid custom
   3. The court structure
      • Explain the court structure and jurisdiction of the Zambian Courts
   4. The reception of common law, equity and English statutes in Zambia
      • Discuss the significance of English law in Zambia
      • Discuss how International law is applied in Zambia
   5. Distinction between criminal and civil liability
      • Distinguish between civil and criminal liability

2. Law of obligations

   1. Essential elements of a valid contract
      • Define a contract
      • Explain types of contracts
      • Explain the elements of a valid contract
   2. Terms and conditions of a contract
      • Explain the following terms and representations:
        • Contractual terms: Conditions, Warrant & Exclusion clauses
        • Representations
   3. Misrepresentation as a vitiating factor
      • Explain the following Vitiating Factors
        • Misrepresentation, Mistake, Illegality, & Duress and undue influence
   4. Discharge or termination of contract
      • Describe the ways in which contracts are discharged or terminated
   5. Various remedies under the law of contract
      • Explain remedies for breach of contract o Common law remedies o Equitable remedies)

3. Contracts under the Sales of Goods Act 1893

   1. Definitions, conditions and warranties
      • Define a contract of sale and an agreement to sell
      • Explain the significance of conditions and warranties in relation to the sale of goods
      • Explain satisfactory quality and fitness of purpose under the Act
      • Explain sale by sample and by description
   2. Transfer of property, risk and title to the goods
      • Explain how the Sale of Goods Act governs the transfer of property, risk and title to goods
      • Explain sale by person who is not the owner
      • Discuss rights and obligations of the seller and buyer.
      • Explain remedies for buyer for breach of contract
      • Explain remedies for seller for breach of contract

4. Employment law

   1. Distinction between contract of service and contract for services
      • Distinguish between a contract of service and contract for services
      • Tests to establish employment relationships
   2. Types of employment contracts under the Employment Act, Chapter 268 of the Laws of Zambia (M)
      • Explain the different types of employment contract
      • Describe the common law duties of employers and employees
   3. Vicarious liability
      • Explain the concept of vicarious liability
      • Explain the concept of vicarious liability in relation to course of employment/Outside course of employment
   4. Dismissal and redundancy
      • Explain the following forms of loss of employment and contract termination:
        • Death, Time, Resignation, Frustration, Retrenchment, Dismissal, Types of dismissal & Redundancy

5. Agency law

   1. A Establishment of the agent/principal relationship
      • Define an agent
      • Explain how the agency relationship is established
      • Describe disclosed and undisclosed agencies
   2. Authority of an agent
      • Describe the authority of an agent
   3. Rights and duties of both the agent and the principal
      • Describe the rights and duties of an agent/principal
   4. Termination of agent/principal relationship
      • Describe the termination of an agency relationship

6. The law of torts

   1. A Definition
      • Define a tort
      • Examples of different types of torts
   2. Negligence
      • Describe the elements of negligence
        • Duty of care, Breach & Damage
   3. Professional negligence
      • Explain the duty of care for professionals
      • Explain standard of care under professional negligence
   4. Defences and remedies
      • Explain remedies available under the law of tort
      • Explain defences under the law of tort

7. Partnerships

   1. Formation and types of partners
      • Explain how partnerships are established
      • Explain types of partners
   2. The partnership agreement
      • Explain the importance of Partnership deed/agreement.
      • Describe the features of Partnership deed/agreement
   3. Rights and duties in a partnership
      • Explain the rights and duties of partners.
   4. Dissolution
      • Describe the ways in which a partnership comes to an end
   5. Limited liability partnerships
      • Describe the main features of limited liability partnerships

Format of the exam

Section	Marks
Section A: 10 compulsory multiple choice questions, 2 marks each	20
Section B: Any 4 out of 5 questions, 20 marks each	80
TOTAL	100

Time allowed: 3 hours, plus 15 minutes reading time

Recommended reading

1. ZiCA D6 Study Manual