COURSE DESCRIPTION

The course is divided into three parts. Part One covers a general introduction to business associations. It extends to legal rules and procedure regulation formation, registration, and management of sole proprietorship, partnership. Part Two covers limited liability companies and the legal rules and procedure regulating their formation, registration and winding up. Part Three covers Public enterprises, cooperative and other forms of association such as those regulated by the Societies Act and Trustees Incorporation Act.

This course introduces students to, and progressively makes them understand the various modes of doing business under the law. The main traditional modes of doing business are sole proprietorship, partnership and limited liability. Students are required to know how each of these modes work and the legal implications and prerequisites attributed to each. In addition to the tradition modes, students are also supposed to know other forms of doing business which are common in Tanzania such as limited liability companies, public enterprises, executive agencies, cooperatives, and non-governmental organizations. In addition to understanding the concepts of each of these modes, students are also supposed to know the governing laws and authorities as well as the historical perspective of each. Students have also to know the institutional set up which control each of these such as BRELA, Registrar of Cooperatives and the Registrar of Societies.

LEARNING OUTCOMES

By the end of the course, students will be able to:

• Acquire the basic knowledge on the law governing both corporate and non corporate bodies in the world.
  
• Acquire basic knowledge of the nature and mode of formation of corporate and non corporate bodies.
  
• Acquire the basic knowledge on the structure, composition and management of corporate and non corporate bodies.
  
• Acquire basic knowledge on procedural requirements for incorporation and registration of corporate and non corporate bodies.
  
• Acquire basic knowledge on bankruptcy and insolvency on corporate and non corporate bodies.
  

COURSE CONTENT

• Forms of Legal Business entities
  
• Sole traders; partnership; firms, Companies, public corporations and cooperatives
  
• Formation, registration and dissolution of various forms of legal business entities.
  
•  Company's: Memorandum; articles of Association; Pre-incorporation agreements
  
• corporate personality
  
• Liability for torts and crime; raising and maintenance of capital; share capital; allotment; raising and maintenance; profits and dividends;
  
• Directors; company, meetings; resolutions
  
• Joint ventures/mergers; privatization; receiverships, liquidation and winging up;
  
• Cooperatives and public enterprises.
  

COMPULSORY READING MATERIALS

• Ballantine, Proposed Revision of the Ultra Vires Doctrine 12 Cornell Law Quarterly.
• Pound R, Visitatorial Jurisdiction Over Corporations in Equity, 49 Harvard Law Review.
• Board, Statutory Developments in Business Corporation Law 1886-1936, 50 Harvard Law Review.

OPTIONAL READING MATERIALS

• Chai, Y. P., Law in the Political Economy of Public Enterprise
• Franck, T., The New development:  Cam American Law and Legal Institutions Help Developing Countries?' 1972 Wisconsin Law Review 767 (1972).

COURSE DESCRIPTION

This course is composed of two parts (Research Methodology part and Research paper writing part). On first part of this course aims to introduce students to fundamental theories of knowledge, research paradigms and research methodology. The course builds on the basic research methodology skills and tools to prepare law students to conduct legal research in an interdisciplinary context which will eventually result into quality research paper.

In this course, students are exposed to legal research methodology and methods and the logic behind each methodology and method in specified research. The course also introduces the proper use of reference for lawyers, finding and using research materials from different sources, the implication of ‘information society’, using of electronic research materials in law, correct citation of legal materials and avoidance of plagiarism. The course also guides on proper conceptualization of research title and research problem, formulating strategies and tackling research problems, planning and organizing written work.

While on the second part of this course requires a student to develop an individual research paper on an approved topic which will be carried out under supervision of an assigned instructor. The course will be assessed from the quality of student’s final product of research i.e Research Paper. Some times, if mandated by the nature of student research paper and opinion of student supervisor, a student is required to defend his/her research paper before a panel of academic staff.

For students to write a research paper, must have accomplished the research methodology part which is designed to equip students with overall principles of legal writing and theories of knowledge as well as research techniques such as library research aids tools and the use of electronic database in preparing, restoring and retrieving information pertaining to the research

LEARNING OUTCOMES

The course is expected to:

• Expose students to the fundamental theories of knowledge, research paradigms and research methodology.
  
• Equip students with research skills for accessing knowledge, restore information and retrieve information for the use in research
  
• Equip students with knowledge of the principles of citation and rule against plagiarism
  
• Impart students with the knowledge on the methodology, skills and tools  that will enable students comprehend the intricacies of conducting research on pertinent matters and issues relating to the operation of legal processes and the social, cultural, historical and economic context in which law operates and is perceived in society.
  
• Equip you with the basic research methodology skills and tools to enable them conduct legal research in an interdisciplinary context and report writing skills.
  
• Expose students to the practical side of conducting a legal research after they have gained a theoretical knowledge in conducting a research in the research methodology course.
  
• Ensure that students are well versed with the proper methods and methodologies in conducting legal research taught in the research methodology course.
  
• Ensure that students are able to apply research skills taught in research methodology course in preparing a research paper.
  

 COURSE CONTENT

• Theoretical background
  
• Statement of problem, Hypotheses,
  
• Objectives of the research
  
• Significances of the research
  
•  Literature Review
  
• Research methodology
  
• Results and analysis of findings
  
• Conclusion and Recommendations
  

 COMPULSORY READING MATERIALS

•  Allen, George Richard, The Graduate Students’ Guide to Theses and Dissertations: A Practical Manual for Writing Research, San Francisco, Jossey Bass, 1973
  
•  Bailey, K.D, Methods of Social Research, Free Press, London, 1987
  
• Barzum Graff, The Modern Researcher (Revised Edition) Harcourt Brace and World Inc. New York, 1970
  
• Beasley, David How to Use the Research Library, Oxford University Press, 1988
  

OPTIONAL READING MATERIALS

• Blackstrom, C.H. and Hursh Survey Research Northwestern University Press, Minneapolis, 1962
  
• Block, G. Effective Legal Writing - A Style Book for Law Students and Lawyers, The Foundation Press, New York, 1988
  
• Boruch R and Cecil J. (Eds) Solutions to Ethical and Legal Problems in Social Research, Academic Press, London, 1983
  

COURSE DESCRIPTION

 Public international law introduces students to the international legal system, its development over time and its current status. This course encourages students to examine the legal basis of international law, sources of international law and the relationship between international law and municipal law and the general regulation of relationships between states. In addition, students are encouraging to constantly analyse critically international incidents. Thus the first part of the course covers the history and nature of international law and the issue of subjects of international law. Also in the first part, students cover sources of international law.

The second part concentrates in the relationship between national and international law and exams issues of sovereignty, domestic jurisdiction, statehood and territory. Of importance to students of public international law are analysis of international organisations and the crucial issue of conflict, wars and resolution of such conflicts/wars. Students will also cover issues pertaining to the law of the sea and space as well as international criminal law.

LEARNING OUTCOMES

By the end of the course, students will be able to:

• Acquire grounding in basic concepts and general principles of public international law;
  
• Be aware of the role of international law in the international community; and
  
• Develop student’s critical analysis; and
  
• Enhance students’ skills in identifying difficulties and benefits arising out of international legal system.
  
•  Be able to critically analyze and evaluate international law and policy;
  
• Enhance research, drafting and presentation skills on a specific area on international law.

 COURSE CONTENTS

• The history and nature of international law and the issue of subjects of international law.
  
• Sources of international law.
  
• The relationship between national and international law and exams issues of sovereignty,.
  
• Domestic jurisdiction
  
• Statehood and territory.
  
• Importance to students of public international law are analysis of international organisations and the crucial issue of conflict, wars and resolution of such conflicts/wars
  
• The law of the sea and space as well as international criminal law
  

COMPULSORY READING MATERIALS

• Barker, (2000). International Law and International Relations: Ashgate
  
• Brownlie, (1998). Principles of Public International Law (Oxford University Press)
  
• Gray, (2000). International Law and the Use of Force. Oxford University Press
  
•  Higgins, (1994). Problems and Process: International Law and How We Use it (Oxford University Press)
  

OPTIONAL READING MATERIALS

• Lowe, (1999) International Law (Oxford University Press)
  
• Malanczuk, (1997) Akehurt’s Introduction in International Law (Routledge)
  
• Sands & Klein, (2001) Bowett’s The Law of International Institutions (Sweet & Maxwell)
  
• Shaw, (1997) International Law (Cambridge University Press)
  

COURSE DESCRIPTION

The course of competition law examines the issues, concepts and principles that underpin the substantive law, and promotes understanding of the economic, social and political forces that continue to shape competition law development. Competition Law course offers the opportunity to study the application of competition law in relation to different business phenomena, ranging from anti-competitive agreements and abusive dominance to mergers. Competition law is an exciting and important area of law, particularly Tanzania and international aspects. Beyond foundational material, participants will consider issues relating to cartels, dominant position abuse, mergers, joint ventures, distribution, information exchanges and the competition law interface, as well as the enforcement strategies employed to achieve these goals in both the public and private sectors.

LEARNING OUTCOMES:

By the end of the course, students will be able to:

•  Improve, extend and update their knowledge and understanding of competition law.
  
• Students will be capable of analysing cases and their practical implications in daily life and the effects on the functioning of the market economy. Having been presented with a comprehensive and, when needed, even interdisciplinary analysis of competition rules, principles and procedural mechanisms.
  
• Be fully qualified not only to litigate, but also to act as analysts and consultants on competition matters.
  

COURSE CONTENT

• Introduction to Competition
  
• Theories of Competition
  
•  Introduction to Competition Law
  
• Sources of Competition Law
  
• Evolution of Competition Law
  
• Foundations of Competition Law
  
• Anticompetitive agreements
  
• Fair Competition Act
  
• Consumer Protection in Competition Law
  
•  Intellectual Property in Competition Law
  
• Competition Law Enforcement
  
• Remedies of Competition Law
  
• International Competition Law
  
• Enforcement of International Competition Law
  

COMPULSORY READING MATERIALS

• The Fair Competition Act, 2003 (FCA);
• The Electronic and Postal Communications Act of 2010
• Wish, R. (2015). Competition Law (8^th edition). Oxford University Press
• Bellamy & Child (2016).  European Community Law of Competition. Oxford University Press

OPTIONAL READING MATERIALS

• Bellamy, C (2016). Materials on European Union Law of Competition: An analytical guide to the leading cases (5^th edition). Hart Publishing

• Korah, V (2007). An Introductory Guide to EC Competition Law and Practice (9^th Ed). Hart Publishing

COURSE DESCRIPTION

The course will examine the theory and elements of the practice of insurance law, with reference to the most common forms of both first party and third party insurance: property, life and motor vehicle insurance.  The issues addressed will include; the history and basic theory of insurance as a loss spreading mechanism; the structure, marketing strategies and regulation of the insurance industry. The basic principles of indemnity insurance: Insurable interest; Valuation; Subrogation; Contribution and other consequences of indemnity.  It will also examine issues like the duty of disclosure; The creation and nature of the insurance contract. i.e. The role of agents, Form and formation, Cover, and The claims process. Also the duty of good faith dealing

Insurance issues figure prominently in many litigation and business matters.  This course will as well deal with basic insurance concepts and proceed to examine some of the ways insurance issues come up in litigation and business practice. We will examine first and third party coverage, discussing such issues as policy content and interpretation, trigger of coverage, duty to defend and bad faith in insurance contracts.

The course will also examine the regulation of insurance contracts and insurance companies, including underwriting regulation, doctrines of contract interpretation, claims-processing regulation, solvency regulation, and special remedies for breach. The course covers both the property/casualty and life/health “sides” of the insurance industry, with an emphasis on policy issues and economics.

LEARNING OUTCOMES

By the end of the course, students will be able to:

• Narrate their understanding of the principles and different concepts guiding insurance law.
  
• Appreciate the development of the institution of insurance; know when it developed and why?
  
• Assess the real role of insurance law and insurance practice in the economy
  
• Make critical comparative analysis of the laws and practice in the field of insurance law
  
• Acquire insight into the structure and substance of insurance policies
  
• Evaluate the effectiveness of legislation in controlling the insurance industry and protecting the position of policy holders
  

COURSE CONTENT

Introductory: Technical Terminology;

• The Historical Origin Development and Function of Insurance Business
  
•  Insurance in the era of Mercantile
  
• The Triangular (Slave & Ivory)
  
• Insurance and Finance Monopoly Capitalism
  
• The Nature and Scope of the Contract of Insurance
  
•  Insurable Interest and Wagers (legal & illegal);
  
• The Risk and Loss;
  
• The Principle of Indemnity;
  
• Reinstatement and Subrogation (Double Insurance;
  
•  Claims and Claim Settlement
  
• Compulsory Insurance and Social Security
  

COMPULSORY READINGS AND SELCETED OUTCOME

• Iwan, D. (1992). Textbook on Commercial Law, London, Blackstone Press Ltd.,
• Raoul Colinvaux, The Law of Insurance (latest edition)

OPTIONAL READING MATERIALS

• Harold E. Raynes, Insurance Chapter 1 & 2 pp. 1-30.
• McGillivray on Insurance Law, (latest edition)