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Mercantile Law I LLB2 Course Outline
Mercantile Law I LLB2 Course Outline
Mercantile Law I LLB2 Course Outline
COURSE OUTLINE:
Credit Units: 5
A. Course Description
The law of sales is an extension of the law of contact with roots in the over 900-
year-old mercantile custom and usage. Lex mercantoria (the law merchant). This
inquiry into domestic trade in goods is intended to introduce you to the fundamental
knowledge and skills in the area of sales and the related transactions. Trading in
goods has been a central part of the social and economic fabric of Ugandan since
time immemorial. However, from the time of colonialism certain changes were
introduced in the way formal commercial transactions were conducted with the
adoption of the Sale of Goods Act (1893) (UK) in the legal regime with necessary
modification to suit local circumstances. The present course of study seeks to
enlighten the student on the various provisions of the Uganda Sale of Goods and
Supply of Services Act, 2017 and its application to daily commercial transactions
involving the transfer of property in goods as well as other kinds of transactions
related to the sale of goods, supply of services and agency etc.
B. Course Aim
This course is intended to develop knowledge of the legal principles that underlie
the very simple and everyday act of buying and selling goods and supply of services
in a domestic perspective (Uganda).
It is also intended to develop skills in drafting and construction of sale of goods and
supply of services contracts.
C. Course Objectives
At the completion of the course, through interactive lecturers, discussions,
presentations, and research, the student should be able to:
1) Develop and understand the origins of Uganda’s law of sale of goods, supply of
services and the related transactions and the law of agency;
6) Identify gaps in the law and suggest possible reforms in light of the changing local
circumstances and global trends in sale of goods and supply of services practices.
D. Methodology of Study
Lecture sessions will be points of contact between the lecturer/tutor and the
students. Students are expected to attend lecturers, ask questions, discuss and
receive guidance for further study and research. Students are required to read and
comprehend the recommended texts and cases, and will be called upon to make
presentations in class for discussion.
Total reliance on ‘handouts’ from the lecturer is discouraged since the very focus of
legal education at this level is individual or group study with a view to contributing
to discussion in class that will enable you to understand, and arrive at new and
important realizations on the subject.
E. Requirements
The students taking this course should have a good grasp of the law of contract,
which is the foundation of all issues under consideration.
Note: Every student undertaking this course must personally own a copy of the Sale
of Goods and Supply of Services Act, 2017 and a highlighter pen.
The student is advised to meticulously attend to his/her work at all stages of this
course of study. With that caution, diligence and industriousness will be rewarded,
while incompetence will be treated with deserving contempt.
F. Faith in teaching
Where applicable we shall explore how, and to what extent Christianity informs
aspects of the course unit.
G. Course Materials
i) Recommended Reading:
1) P.S. Atiyah (2005). The Sale of Goods, 11th edn, Pitman, London, UK/ (2000) 10th
Edn.
2) K.I Laibuta (2006), Principles of Commercial Law, Law Africa Publishing, Kenya.
3) John Joseph Ogola (2005), Business Law, Focus Publishing Ltd, Kenya.
4) David Kelly, et al (2005). Business Law, 5th edn, Cavendish Publishing Ltd,
London.
5) Dennis Keenan (2003), Smith and Keenan’s Law for Business,12th edn, Peason,
Longman.
Kashaija Emmanuel, LLM (MUK), LLB (UCU), Dip. LP (LDC) -Lecturer
4
7) Paul Dobson (1997), Charlesworth’s Business Law, 16thEdn, Thomson, Sweet and
Maxwell, London.
8) Hans-W Michkitz, Jules Stuyck, Evelyne Terryn (2010), Cases Materials and Text
on Consumer Law (Oxford, HartPublishing).
iii) Websites
1) Uganda Legal information Institute, www.ulii.org (Decisions of courts of
Uganda).
2) British & Irish Legal Information Institute, www.bailii.org (British, Irish &
European Union case law).
iv) Cases;
1) Hon. Mable Bakeine v. Yuasa Investments Ltd. (Commercial Division) HCCS
No. 136 of 2013
2) Mogas (U) Ltd v. Benzina (U) Ltd. (Commercial Division) HCCS NO. 88 of 2013
3) Stanbic Bank Uganda Ltd v. Hajji Yahaya Sekalega T/A Sekalega Enterprises.
(Commercial Division) HCCS No. 185 of 2009
4) Transtel Ltd & Diamond Stars Ltd v. Mahi computers & Appliances Ltd &
Property Services (U) Ltd. (Commercial Division) HCCS NO. 397 of 2015.
5) Aldridge v. Johnson (1851-58) 8 QB 118.
6) Adan v. Tanga – Mombasa Transport Co. (1955) 28 KLR 14. 4.
7) Dennant v. Skinner (1948) 2KB164.
8) John Nsaga v. Haji Juma Kayongo CS No. 607/1978 High Court of Uganda.
9) Kanti Printing Works v. Tanga District Administration (1970) HCB 257.
10) Karia v. Shah (1962) EA43.
11) Leslie & Anderson v. Kassam Jivraj & Co. Ltd (1950) EACA 84. 14.
12) National Pharmacy Ltd. v. Kampala City Council C/S 461/1977 Ugandan High
Court.
3) Worcester Finance Co. V Cooden Engineering Co. Ltd. (1971) 3 WLR 661/
[1972] QB 210.
4) Eastern Distributors Ltd. V Goldring (157) 1QB 600
5) Olds Discount, Ltd, Ltd v Krett (1940) 2KB117.
10. REMEDIES
I) Jus In Rem (real remedies); Unpaid seller’s Rights and Powers against the goods.
1) Omer v Besse (1960) E.A 907.
II) Jus In Personum (personal remedies); remedies against the buyer himself
a) Action for the Price.
1) Ghulam Kadir v British Overseas Engineering Corp. (1957) EA 131.
2) Devshi Samat Shah v Burhram M (1951) EACA79.
3) Hari Singh v General Workshop (1951) 18 EACA 4.
4) Guggehhem Ltd v Ratguru (1952) 7 ULR 55.
I) Authority of an Agent
1) Rama Corporation Vs proved Tin & General Investments Ltd (1952) 1 ALLER.
2) Attorney General Vs Silva (1953) AC 461.
3) Admund Schulter & Co. (U) Ltd Vs Patel (1969) EA 259.
4) Watteau Vs Fenwick (1893), 1 QB 346.