Notesale: Turn your study into money

Document Preview

Extracts from the notes are below, to see the PDF you'll receive please use the links above

---

MBEYA UNIVERSITY OF SCIENCE AND TECHNOLOGY
INSTITUTE OF SCIENCE AND TECHNOLOGY
Department Of Architecture

TECHNICIAN CERTIFICATE IN
ARCHITECTURE (NTA 5)
MODULE

ART05112
LAWS, ETHICAL CONDUCTS & LIABILITIES
TOPIC:

LAW 01
1

Module Master:

Arnold Kashula

Monday, November 06, 2017

MODULE CONTENTS
 Law

 Introduction to Law
 Law of Contract
 Law of Tort

 Planning Law

 Architectural Ethics

 Architecture as a Profession and Service
 Architectural Liabilities

 Architectural Codes of Ethics and Codes of Conducts
2

1

INTRODUCTION TO LAW

3

DEFINITION OF LAW
 Law is basically a body of rules aimed at preserving the
fabric of the society
 Are mutually agreed rules of conduct appropriate to the

people’s (or society’s) way of life with explicitly
consequence for failure to observe the rules
...


4

2

FUNCTIONS OF LAW

Laws create harmony among the society by: Establishing rights and obligations of
individuals in the society
...

 All other enacted law and rules derived solely from custom and
precedent
 Common Law are governed by the doctrine of ‘Stare Decisis’ (let
the decision stand) constraining judges to stand on past decisions of
superior courts
 Although decisions must be based on similar previous cases, the
judge may still draw relevant distinctions pertinent to each new
case
...

7

STATUTES LAW (LEGISLATION):

These are written laws (enacted laws) approved by parliament
...

 If approved becomes ACTS
 In some cases an act may serve as enabling Legislation, empowering
more specific requirements to be made in the form of Rules,
Orders or Statutory Instrument
...

8

4

EQUITY

 This provides a measure to fairness or natural

justice not always available under statutes or
common law
...

9

BRANCHES OF LAW:

From a more practical standpoint Law can be
classified/branched into : PRIVATE (CIVIL) LAW
 PUBLIC LAW:

10

5

PRIVATE (CIVIL) LAW:

 This is concerned with the rights and obligations of individuals and

corporations in their dealings with each other
...

 Private Law can be divided into Six Major branches: Contract And Commercial Law
 Tort Law
 Property Law
 Inheritance Law
 Family Law
 Company Law

11

Contract/Commercial Law

This deals with rights and obligations of people who make legally enforceable
agreements which include a wide variety of business activities
...

 Private Persons like customers and employers
...

The action may cause: Bodily Harm
...

 Unauthorised use of person’s property
...


 Ensure proper and Lawful use of the property and

 Express the right to buy, sell and/or rent the property
...

The Law: List the relatives or the other persons who have first right of inheritance OR
 Sets out the rules for making WILLS
13

Family Law

The Law determines the legal rights and obligations of Husbands and Wives
and parents and Children
...

The Law deals with: Powers and Obligations of Management and
 Rights of Shareholders
14

7

This

PUBLIC LAW:

 Defines a person’s/individual’s right and obligations in relation to government

and
 Describes various divisions of government and their powers
 Public Law can be divided into Six Major branches: Constitutional Law
 Criminal Law
 Administrative Law
 International Law

15

Constitutional Law

This is a set of rules and principles that defines
 The power of government and the right of people
...


 NOTE:
 In Democratic country like Tanzania, the National Constitution takes first
place over all other laws
 Conflicts between a constitution and other Laws are settled by Constitution
Law

16

8

Criminal Law

This deals with: Offences (Illegal acts) against the society as a whole e
...
Robbery, Murder,
Theft
...

Thus, Criminal Law: Define Criminal Offences
 Sets the rules to arrest
...
e
...

NOTE: Criminal Laws of each country must protect rights and freedoms
guaranteed by Constitutional Law
17

Administrative Law

This centers on the operations of Government Departments
...
g
...

In most cases, the departments are established in the executive branch
of government under powers granted by the Legislature
Basically administrative Law consists of: The legal Power granted to administrative departments by the
Legislature,
 The Rules that the departments make to carry out their power,
 Court rulings in cases between departments and individual citizens
18

9

International Law

This deals with the relationship among Nations/States both in War
and Peace
...

19

CHANGING OF LAW

 Social conditions are continually changing and so the Law

must also change or it will become outdated
...

 In Democratic countries like Tanzania, normally Four main
methods of changing law have been developed: BY COURT DECISION
...


 BY ADMINISTRATIVE ACTION

 BY DIRECT ACTION OF THE PEOPLE
20

10

BY COURT DECISION

Judges in Common Law countries change law by expanding or
overruling precedents
...


BY LEGISLATION
...
If a government
does not like the way a court has interpreted the law, it must change
the law by Legislation
A legislature can change a statute by: Amending it
 Repealing it
 Passing the Law on the same subject
21

ADMINISTRATIVE ACTION

Government departments may be authorized to make, amend, repeal
or replace regulations
...

They may also be authorized to interpret an old regulations to meet
changing conditions
...

 Initiative: Where by a group of people/citizens proposes a law
which is then approved or rejected by the Legislature by
Referendum
22

11

END OF PRESENTATION
Thanks for being

attentive

23

12



---