CPA 003: Introduction to Law and Governance
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NATURE, PURPOSE AND CLASSIFICATION OF LAW
Meaning of Law
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Purpose of Law
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Classification of Law
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Law and Morality
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The Constitution
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Substance of Common Law and Doctrines of Equity
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African Customary Law
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Judicial Precedence
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General Rules of International Law and Ratified Treaties
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Legislation and Delegated Legislation
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Revision Questions With Answers
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ADMINISTRATIVE LAW
Meaning of Administrative Law
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Sources of Administrative Law
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Functions of Administrative Laws
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Doctrine of Separation of Powers
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Delegated Legislation
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Control of Delegated Legislation
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Discretion and Judicial Count of Executive
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Liability of State (Contractual/ Tortious)
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Principles of Natural Justice
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Judicial Control of the Executive
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Independence of Judiciary
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Remedies in Administrative Law (Mandamus, Certiorari, Prohibition, Habeas Corpus; Injunction and Declaration)
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Revision Questions With Answers
Reading
THE COURT SYSTEM
Establishment, Structure, Composition and Jurisdiction of Courts
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Supreme Court
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Court of Appeal
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High Court
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Employment and Labour Relations Court
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Environmental and Land court
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International Court of Justice
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Magistrates Court
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Court Martial
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Kadhi’s Court
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Distinction Between Courts and Tribunals
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Revision Questions With Answers
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ALTERNATIVE DISPUTE RESOLUTIONS (ADR)
Nature of Alternative Dispute Resolutions (ADR)
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Nature and Types of Disputes
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Legal Framework Governing ADR
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General Principles of ADR
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Negotiation and Conciliation
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Mediation
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Arbitration
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Dispute Review Boards
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Traditional Dispute Resolution Mechanisms
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Revision Questions With Answers
Reading
LAW OF PERSONS
LAW OF TORT
Nature of Tort
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General Defenses Under Tort
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Negligence
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Types of Liabilities in Tort
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Trespass
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Limitation and Survival of Actions
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Remedies in Tort
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Principles in Awards Damages
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Defamation
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Revision Questions With Answers
Reading
LAW OF CONTRACT
Definition of a Contract
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Classification of Contracts
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Essentials of a Valid Contract
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Terms of a Contracts
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Exemption Clauses
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Vitiating Factors
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Discharge of Contract
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Remedies for Breach of a Contract
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Limitation of Actions
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Contract Negotiation
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Revision Questions With Answers
Reading
SALE OF GOODS
Nature of the Contract of Sale of Goods
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Types of Goods
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Formalities of the Contract
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Terms of the Contract
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Implied Terms by Statute, Custom/Usage
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Rights and Duties of the Parties
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Remedies for Price and Breach of Contract
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Auction Sale/Caveat Emptor
Reading
International Contracts of Sale
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Revision Questions With Answers
Reading
AGENCY
Meaning and Nature of the Agency Contract
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Types of Agents
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Parties to the Agency Relationship
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Creation of Agency
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Authority of an Agent
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Rights and Duties of the Parties
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Personal Liability of Agents
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Liability of the Parties
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Termination of Agency
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Revision Questions With Answers
Reading
PARTNERSHIP
Nature of Partnership
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Registration Process and Requirements of Partnership Business
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Types of Partnerships
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Rights, Duties and Liabilities of Existing, Incoming and Minor Partners
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Management of Partnerships
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Dissolution of Partnerships and its Consequences
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Revision Questions With Answers
Reading
INDEMNITY AND GUARANTEES
Essential Features of Indemnity
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Nature and Extent of Liability of Indemnifier
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Commencement of Liability of Indemnifier
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Nature of the Contracts
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Obligations of Surety
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Discharge of Surety
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Letters of Credit
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Rights and Duties of the Parties
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Termination of the Contract
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Remedies for Breach of Contracts
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Revision Questions With Answers
Reading
INSURANCE
Nature of the Contract; Types, Parties to an Insurance Contract
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Formalities of the Contract
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Types of Risks
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Parties to the Contract of Insurance
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Principles of Insurance
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Types of Insurance
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Transfers and Amalgamation
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Termination of the Contract
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ICT and Insurance
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Revision Questions With Answers
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NEGOTIABLE INSTRUMENTS
Nature and Characteristics
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Negotiability of the Instrument
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Types: Cheques, Promissory Notes, Bills of Exchange
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Types of Crossings
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Obligations of the Parties
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Banker-Customer Relationship
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Discharge from Liability
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Modes of Discharge
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Presentment; Purpose, Time, Place
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Dishonour, Mode of Dishonour, Nature of Protest, Penalties for Dishonour
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Acceptance for Honour
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Criminal Liability
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Revision Questions With Answers
Reading
THE LAW OF PROPERTY
Definition of Property
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Classification of Property (Real and Personal, Movable and Immovable, Tangible and Intangible)
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Property in Land: Private, Public and Community Land
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Interests in Land: Estates, Servitudes and Encumbrances
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Intellectual Property: Plant Breeder’s Patents, Trademarks, Copyrights and Industrial Designs
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Administration and Management of Land
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Sectional Properties
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Management Company
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Obligations of Lessor and Lessee in Sessional Property Act
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Transfer of Land Rights
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Role of Professionals (Advocates, Certified Secretaries) in Land Transactions
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Revision Questions With Answers
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INTRODUCTION TO CORPORATE GOVERNANCE
Corporate Governance – Definition and Objects
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Principles of Corporate Governance
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Best Practice in Corporate Governance
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Role of Stakeholders (Shareholders, Board of Directors, Government)
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Conflict of Interest - Investor Education and Protection of Shareholders
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Compliance Obligations
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Legal Audit- Definition and Objects
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PROFESSIONAL ETHICS
Introduction and Overview of Professional Ethics
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Professional Misconduct
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Publicity and Advertisement
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Morality and Etiquette
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Professional Ethics for Accountants, Corporate Secretaries
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Ethics and Practice Within a Firm
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Enforcement of Professional Ethics and Standards
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REVISION QUESTIONS WITH ANSWERS
CPA Introduction To Law And Governance August 2022 Q1
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CPA Introduction To Law And Governance August 2022 Q2
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CPA Introduction To Law And Governance August 2022 Q3
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CPA Introduction To Law And Governance August 2022 Q4
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CPA Introduction To Law And Governance August 2022 Q5
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CPA Introduction To Law And Governance August 2022 Q6
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CPA Introduction To Law And Governance August 2022 Q7
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CPA Introduction To Law And Governance April 2022 Q1
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CPA Introduction To Law And Governance April 2022 Q3
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CPA Introduction To Law And Governance April 2022 Q5
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CPA Introduction To Law And Governance April 2022 Q6
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CPA Introduction To Law And Governance April 2022 Q7
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- The meaning of law has been captured and outlined by different philosophers, as shown below:-
- According to McInnes, Kerr, and Van Duzer: “Law is “a body of rules set that the courts can enforce.”
- According to Yates: Law is a body of regulations enforced by the courts or other government agencies,”
- According to Smyth, Soberman, Easson, and McGill: “Law establishes rules of behavior that the government enforces.”
- According to Salmond Law is a body of principles recognized and used by the state in the dispensation of justice.”
- According to Holland: Law refers to the rules of external human action enforced by a sovereign political authority.
- According to John Austin: Law is a collection of rules established and enforced by a sovereign power.
- According to Hart: Law is a coercive weapon for regulating social behavior
- According to DuPlessis and O’Byrne: “Law is a system of rules and principles that direct societal conduct, principally by safeguarding persons and their property, promoting personal and commercial relationships, and offering methods for dispute recognition
- Among the purposes business law serves include:-
- Defining general rules of commerce
- Protecting business ideas and assets
- Providing mechanisms that allow business people to decide how they will participate in business ventures and how much risk they will bear
- Ensuring that losses are borne by those who cause them
- Providing mechanisms that allow business people to determine how they will participate in business ventures and how much risk they will bear.
- In conclusion, Law is made up of regulations established by a government to regulate human behavior in society. It is a set of rules that controls and governs the relationship between the state and its residents and between citizens and others, enforceable by the courts.
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