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The Chartered Institute of Arbitrators Kenya Branch has organized the above Module span over five months with four, one-day tutorials to be held online on:-

Tutorial 116th  June, 2022

Tutorial 221st July, 2022

Tutorial 310th  August, 2022

Revision Tutorial  13th October, 2022

This course is designed to provide an understanding of the relevant principles in the law of Tort and the law of Contract in the context of how disputes may arise and be resolved. The course is designed to consider both common and civil law jurisdictional principles to give a solid grounding to all practitioners. The course is intended for individuals who may not have studied law previously and wish to gain an understanding of the elements of the law of obligations that affect matters in civil and commercial disputes in a variety of different jurisdictions. The course will take the form of two (2) Tutorials (lectures/ presentations & online discussions). It is based on the content of a Workbook which will be collected after finalizing with the application process in advance. The application process will commence on 25th February, 2022.

This Course is for you if:

  • You wish to go on to become qualified arbitrators, adjudicators or mediators.
  • You are one wishing to understand this topic generally, and wishing to improve or refresh your knowledge of the more unfamiliar system of law.
  • You wish to improve knowledge of Contract & Tort even if you will not participate at the exa
  • The course is a must for those who would like to progress to “Member” level and eventually attain qualification as a Fellow of CIArb.

What are the learning outcomes?

On successful completion of this course candidates will be able to:

  • Explain relevant sources of law and demonstrate how these are used in common and civil law jurisdictions.
  • Evaluate the nature and significance of the different types of obligations which can exist between parties; including the potential overlap between contractual and tortious claims.
  • Evaluate and apply contractual and tortious remedies.

Critically analyse a problem using the law of contract and the law of tort.

The Course content

Introductory matters
∞ The nature of law and its place in society.
∞ Sources of law: legislation, binding judicial precedent, custom, text books.
∞ The administration of justice: courts, tribunals, private methods of dispute resolution.
Contract
∞ Types of contract: simple and special; requirements as to form.
∞ The formation of a valid contract: offer, acceptance, consideration, intention to create legal
relations; capacity, the concept of ‘cause/ causa’, the object of a contract.
∞ The content of a contract: formalities, representations, express terms, implied terms,
exclusions, limitation of liability, indemnities, penalties and construction and interpretation.
∞ Vitiating factors: misrepresentation and fraud, mistake, illegality, duress, undue influence,
unconscionability and frustration.
∞ Privity2 (contractual relationships) and third parties.
∞ Discharge of a contract: performance, agreement, frustration and breach.
∞ Remedies for non‐performance: damages, specific performance, injunctions, rectification;
∞ Limitations.
∞ Agency: creation, obligations, duties, termination.
∞ Disputes: choice of law and choice of forum (separate handout).
Tort
∞ Primary and vicarious liability.
∞ Negligence: duty of care, breach of duty, causation, remoteness.
∞ Damage: personal injury including nervous shock, damage to property, economic loss.
∞ Occupiers’ liability.
∞ Direct and indirect interference: trespass to land, trespass to goods, trespass to the person;
public and private nuisance.
∞ Defences: volenti non fit injuria, contributory negligence, statutory authority.
∞ Limitations.
∞ Remedies: damages and injunctions.

Course Assessment

Assessment of this module is by a
1. Contract – a two –and‐a‐half (21/2)‐hour closed‐book examination (60% of overall mark).
2. Tort – a one‐and‐a‐half (1 ½)‐ hour closed book examination (40% of overall mark).
In order to pass, you will be required to achieve an overall mark of 55%. This, however, increases
to 65% pass mark if the assessments are taken virtually.

Successful candidates :‐
‐ Will be eligible to apply for Member grade of CIArb, and take advantage of a range of
educational and professional benefits
‐ May progress onto Module 3 of the Domestic Arbitration pathway.

Tutorial Fees

The Tutorial fee is Kshs 44,000/= which includes the course materials. The fee can also be paid by installments provided the first installment (deposit) of Kshs 20,600/‐ is received on or before the closing date of Friday 13th May, 2022 and the balance paid in full before Friday 29th July, 2022. Extra cost for postage or delivery of the materials before course commencement will be borne by the participants.

Examination Fee

The examination fee is GBP 346. This being a membership course participants will be required to have regularized their membership before registering the course. The Examination will be based on the workbook material on Contract and Tort. The Examination fee can also be paid by installments provided all installments are paid before Wednesday 24th August , 2022. Payment should be made by bank transfer/ deposit, payable to the ‘Chartered Institute of Arbitrators’ Commercial Bank of Africa(CBA) , Mama Ngina Branch, Pounds Account Number: 6435390046

Materials

Course materials will be available for collection or delivery at candidates cost or upon payment of the course fees.

Venue

The Tutorials will be held online on the Tutorial dates provided above.

MEMBERSHIP REQUIREMENT

Please note that under the pathways to fellowship, all subsequent assessments are membership examinations. Thus, ALL applicants are expected to have regularised their membership with the Chartered Institute of Arbitrators. The membership application form was issued to you with your Introductory course results.

Application

Application forms can be obtained from Chartered Institute of Arbitrators (Kenya Branch) office or from our website www.ciarbkenya.org.
Application forms together with the requisite course fee must be submitted on or before Friday 13th May, 2022, to the following address: ‐

The Education & Programs Manager
Chartered Institute of Arbitrators (Kenya Branch)
Nicholson Drive, Off Ngong Road
P. O. Box 50163 ‐ 00200,
NAIROBI
Tel: 0722200496
E‐Mail : Info@ciarbkenya.org cc: accounts@ciarbkenya.org

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