SUBJECT: COMMERCIAL LAW

GENERAL AIM
To prepare trainees with the knowledge of the general legal system of Zimbabwe.
To equip the trainee with the basic principles of law that are relevant to the ordinary
business world in Zimbabwe.
CONTENT
1.THE LEGAL SYSTEM
1. Identify and discuss the sources of law.
2. Outline the making of national law.
3. Discuss custom, judicial decisions, legal treaties, societal values e.t.c as
sources of law
4. Outline the hierarchy of legal courts
5. Describe the legislation process
6. Classify law into divisions (Vis National, International or Adjectival, Public,
Private)
7. Discuss the repeal and abrogation of laws.
8. Distinguish civil law from criminal law
2. THE LAW OF CONTRACT
1. Define law of contract
2. Outline and discuss the essentials of a valid contract (Agreement, Contractual
Capacity, Reality and consent, Object of contract, formalities, contracts in
restraints of trade
3. Discuss the operation of the contract (Terms, Conditions, Stipulatio Alteri)
4. Explain what is entailed in the termination of a contract (performance, mutual
agreement, supervening impossibility, merger, set-off, extinctive
prescription).
5. Discuss what may constitute a breach of the contract.
6. Outline and explain the remedies of a breach of a contract (cancellation,
damages etc)
3.LAW OF PURCHASE AND SALE
1.
2.
3.
4.
5.
6.

Define the law of purchase and sale.

Outline the elements of the contract (re: agreement, price, merx(thing))
Discuss the concept of delivery (movable and immovables)
State the requirements for the passing of ownership and risk
Outline and discuss the duties of the seller.
Outline and discuss the duties of the buyer

4.LAW OF NEGOTIABLE INSTRUMENTS

1. Define negotiable instruments

2.
3.
4.
5.
6.

Outline and explain the essentials of a cheque

Discuss the issuing of cheques
Explain the negotiation of cheques.
Explain the principles of negotiable instruments
Explain promissory notes and bills of exchange

5.LAW OF PROPERTY
1.
2.
3.
4.

Define things and their classification.

Discuss the real rights (with reference to ownership and possession)
Discuss the methods that could be used to acquire ownership.
Explain the methods that could be used to transfer ownership

6.LAW OF SECURITY
1.
2.
3.
4.
5.

Define security in relation to the creditor-debtor relationships

Explain the law of mortgage
Discuss liens
Explain the law of pledge
Discuss and give contents of curatorship

7.LAW OF AGENCY
1. Define agency.
2. Discuss how agency arises-by express authority, implied authority, implied by
law, implied by conduct, ratification, stipulation alteri: companies Act,
negotiorum gestio
3. Distinguish the various types of agents (general/special, factor, broker,
auctioneer, estate agent, negotiorum gestor etc)
4. Discuss the rights and the duties of agents and principals
5. Discuss the termination of the contract of agency(expiry of time, completion
of mandate, mutual consent, impossibility of performance, renunciation by
agent, revocation by principal.
8.LAW OF PARTNERSHIP
1.
2.
3.
4.

Define partnership and distinguish between various types of partners

Discuss the duties of partner
Distinguish a partnership from a company
Discuss the termination of a partnership

9 EMPLOYMENT CONTRACT
1. Define employment.
2. Discuss fundamental rights of an employee as defined in Labour Relations
Act.
3. Discuss the duties of employer and employee
4. Distinguish between the independent contractor and servant
5. Discuss the termination of a contract.

SUGGESTED TEXTBOOKS
Willies Principles of South African Law by Juta
Focus Study Aids in First Year Business Law for Zimbabwean students by E C MacCall
Law of Contract by P Volpe
S.A Mercantile Law by I.T.R Gibson