SS3 COMMERCE First Term Week 1

Business Law and Commercial Law Lesson Note

For SS3 COMMERCE · First Term

Learning Objectives

This SS3 COMMERCE lesson note covers Business Law and Commercial Law for First Term, Week 1.

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Lesson Note

Learning Objectives

i. By the end of the lesson, students should be able to:

ii. Define business law and commercial law.

iii. State and explain the branches of commercial law.

iv. Define a contract and explain the law of contract.

v. Identify and explain the types of contracts.

vi. State the essential elements of a valid contract.

vii. Explain hire purchase and sale of goods.

DEFINITION

1. BUSINESS LAW

Meaning of Business Law

Business law refers to the body of rules and regulations that governs business activities and relationships between individuals, firms, companies, consumers and government.

2. BRANCHES OF COMMERCIAL LAW

Commercial law is the aspect of law concerned with business and commercial transactions.

The major branches include of commercial law:

i. Law of tort

This deal with injury caused to a person by other individuals or companies

ii. property law: this law deals with the ownership and use of property

iii. contract and commercial laws: deals with matters that involves contract among people

iv. family law: govern the legal aspect of the family such as the rules of adoption , marriage divorce

v. corporate law: deals with business and stake holders

3. CONTRACT

Meaning of a Contract

A contract is an agreement between two or more parties which is intended to be enforced by law

Example:

If A agrees to sell a laptop to B for ₦200,000 and B agrees to buy it, the agreement may constitute a contract if all legal requirements are satisfied.

*Law of Contract

The law of contract is the body of legal rules that governs the formation, validity, performance and termination of contracts.

4. TYPES OF CONTRACT

i. Valid Contract

A valid contract is one that satisfies all the legal requirements necessary for it to be enforceable.

ii. Void Contract

A void contract has no legal effect and cannot generally be enforced by law.

iii. Voidable Contract

A voidable contract is valid until the party entitled to avoid it chooses to cancel it.

iv. Express Contract

This is a contract in which the terms are clearly stated, either orally or in writing.

Example: A written agreement to sell a house.

v. Implied Contract

This is a contract in which the terms are inferred from the conduct or circumstances of the parties.

vi. Bilateral Contract

This is a contract in which both parties make promises to each other.

Example: A agrees to sell a phone and B promises to pay the agreed price.

5. CLASSIFICATION OF CONTACT

Contract can be classified into formal and informal

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Contract of deed: they are promises written on paper signed sealed and delivered

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Contract e record: these are obligations imposed by the court they are not true contract but contract which are acknowledged before a law court

INFORMAL CONTRACT

Are contract which must possess all the essential characteristics of a valid contract

6. ESSENTIAL ELEMENTS OF A CONTRACT

i. Offer

An offer is a definite proposal made by one party to another indicating willingness to enter into a contract on specified terms.

ii. Acceptance

Acceptance is the unconditional agreement to the terms of an offer.

iii. Consideration

Consideration is something of value exchanged between the parties to a contract.

Example: Money paid for goods is consideration for the goods.

iv. Intention to Create Legal Relations

The parties must intend that their agreement should create legal obligations

v. Genuine Consent

The parties must enter the contract freely, without factors such as fraud, undue influence, misrepresentation or duress affecting their consent.

7. HIRE PURCHASE

Meaning of Hire Purchase

Hire purchase is a system of acquiring goods in which the buyer takes possession of the goods immediately but pays for them by instalments,

9. SALE OF GOODS

Meaning of Sale of Goods

A sale of goods is a contract in which the seller transfers or agrees to transfer ownership of goods to the buyer for a monetary consideration called the price.

10. AGENCY

Meaning of Agency

Agency is a legal relationship in which one person, called an agent, is authorised to act on behalf of another person, called the principal, in dealing with third parties

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Evaluation

OBJECTIVES QUESTIONS
1. What is business law?
A. Law governing only government workers
B. Rules and regulations governing business activities
C. Rules governing family relationships
D. Rules governing sporting activities
2. A contract is best defined as:
A. A social relationship between friends
B. An agreement that creates legally enforceable rights and obligations
C. A casual promise between people
D. A business advertisement
3. The law of contract deals mainly with:
A. Formation and enforcement of agreements
B. Marriage ceremonies
C. Criminal offences only
D. Election procedures
4. Which of the following is an essential element of a valid contract?
A. Friendship
B. Offer
C. Advertisement
D. Competition
5. Acceptance in a contract means:
A. Rejecting an offer
B. Changing the terms of an offer
C. Unconditionally agreeing to an offer
D. Ignoring an offer
6. Consideration in a contract refers to:
A. Something of value exchanged between the parties
B. A person's opinion about the contract
C. The place where the contract is signed
D. The age of the parties
7. Which of the following is NOT an essential element of a contract?
A. Offer
B. Acceptance
C. Consideration
D. Friendship
8. A contract in which both parties make promises to each other is called:
A. Unilateral contract
B. Bilateral contract
C. Void contract
D. Implied contract
9. A contract whose terms are clearly stated orally or in writing is known as:
A. Express contract
B. Implied contract
C. Void contract
D. Unilateral contract
10. A contract in which the terms are inferred from the conduct or circumstances of the parties is called:
A. Express contract
B. Bilateral contract
C. Implied contract
D. Voidable contract

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Theory Questions

What is commercial laws
List and explain the classification of contract
List four essential elements of a contract

Prepared for SS3 learners20 reads

More COMMERCE lessons

Week 3AGENCY→Week 4HIRE PURCHASE→Week 5SALE OF GOODS→