bussines law
BUSINESS LAW
Oscar Kikoyo, Advocate
Dip. Philosophy, LL.B (Hons), MBA (IB)
Executive Secretary,
Surface & Marine Transport Consumer Council,
NSSF Waterfront, P.O BOX 14154, Dar es salaam, www.sumatraccc.go.tz 4/9/2014
1
What is Business?
• Business is a commercial activity engaged in as a means of livelihood or profit, or an entity which engages in such activities.
4/9/2014
2
What is Law?
• Law is the body of rules designed to regulate human conduct within a given society. • It is a rule prescribed for human action/conduct. • It concerns human beings, group of people or society and not individual.
4/9/2014
3
What is Law Cont.
• It is a rule prescribed for human action by a determinate authority.
• Otherwise, it is defined as a system of rules of social behaviour.
• These rules must be general and not specific. 4/9/2014
4
Types of Rules
• Rules which forbid certain types of behaviour under threat of penalty
(Prohibitive) – Immigration Rules, TFDA
Rules.
• Rules which require people to compensate others whom they injure in certain ways
(Directive)- Constitution of URT.
• Rules which specify what must be done to order certain types of human activity
(Permissive), e.g. to form a company, to marry, to make a will etc.
4/9/2014
5
Characteristics of Law
•
•
•
Social control mechanism
Law is normative.
Law is of a uniform and general nature. 4/9/2014
6
Law and Morality
•
•
•
Law demands an absolute subjection to its rules and commands with enforcing authority derived from state
Morality demands that people should act from a sense of ethical duty
The law which is enforced by the courts must be distinguished from what sometimes is referred to as „natural‟ or
„moral law‟.
4/9/2014
7
Law and Morality Cont.
• In many cases the rules of law and morality clearly coincide. For instance murder is both against morality and against the law
4/9/2014
Oscar Kikoyo, Advocate
Dip. Philosophy, LL.B (Hons), MBA (IB)
Executive Secretary,
Surface & Marine Transport Consumer Council,
NSSF Waterfront, P.O BOX 14154, Dar es salaam, www.sumatraccc.go.tz 4/9/2014
1
What is Business?
• Business is a commercial activity engaged in as a means of livelihood or profit, or an entity which engages in such activities.
4/9/2014
2
What is Law?
• Law is the body of rules designed to regulate human conduct within a given society. • It is a rule prescribed for human action/conduct. • It concerns human beings, group of people or society and not individual.
4/9/2014
3
What is Law Cont.
• It is a rule prescribed for human action by a determinate authority.
• Otherwise, it is defined as a system of rules of social behaviour.
• These rules must be general and not specific. 4/9/2014
4
Types of Rules
• Rules which forbid certain types of behaviour under threat of penalty
(Prohibitive) – Immigration Rules, TFDA
Rules.
• Rules which require people to compensate others whom they injure in certain ways
(Directive)- Constitution of URT.
• Rules which specify what must be done to order certain types of human activity
(Permissive), e.g. to form a company, to marry, to make a will etc.
4/9/2014
5
Characteristics of Law
•
•
•
Social control mechanism
Law is normative.
Law is of a uniform and general nature. 4/9/2014
6
Law and Morality
•
•
•
Law demands an absolute subjection to its rules and commands with enforcing authority derived from state
Morality demands that people should act from a sense of ethical duty
The law which is enforced by the courts must be distinguished from what sometimes is referred to as „natural‟ or
„moral law‟.
4/9/2014
7
Law and Morality Cont.
• In many cases the rules of law and morality clearly coincide. For instance murder is both against morality and against the law
4/9/2014