COLLEGE OF BUSINESS EDUCATION

CBE

DODOMA CAMPUS

NAME OF STUDENT: IDD MIPAWA

COURSE NAME: TCPS

LECTURER’S NAME: MS. SIA M

SUBJECT NAME: BUSINESS LAW

NATURE OF WORK: INDIVIDUAL ASSIGNMENT

SUBMISSION DATE: 19/09/2018

QUESTION:

1. With vivid examples discuss the sources of business law in Tanzania

Business law – is the branch of law governed business transaction and formation of business
entity. The transactions or aspects governed by law include contract insurance for example,
company formation, agency, sellers or goods partnership and negotiable instrument.
The following are the sources business law in Tanzania;

i. The constitution of Tanzania. This is the main source of law in Tanzania. The current
constitution is of 1977. It is the main source of law because it is a ‘mother of law ‘of the
country. This means that, it is the law which is above all laws in the country. It is also the
law which is led to the rise of all other laws in the country. For example, every person has
the right to work and every citizen is entitled to equal opportunity and rights to equal
terms to hold any office or discharge any function under the state authority (Act no. 15 of
1984, Art.6).

ii. Legislation – these are the laws made by the parliament of Tanzania. They are written
laws that are made by the parliament to regulate the conduct of human behaviour. For
example, the law of contract act, the hire purchase act and the business name registration
act. Hence, these are laws which are used in business environment if the source which
comprised the law made and passed by the parliament of the republic of Tanzania and
passed by president and regulates various matters including business.

iii. Case law – this is the source of law which comprises of previous decide cases which
contain principles of law that can be used to solve similar cases in the future. This source
is applied under the doctrine of precedents which requires case to be decided by the same
principles in order to have uniformity in administration of administration of justice. For
example, in the case of Paulo Lema and Wilson Chuwa (1989). Also, the subordinate
courts are bound to follow the decisions of the superior courts in the JUMUIYA YA
WAFANYAKAZI TANZANIA, KIWANDA CHA UCHAPISHAJI CHA TAIFA 1988
TLR 146.
 iv. International laws – these are agreements made between two or more countries or states
to govern a particular aspect and usually consisting of judicial decisions from nation
court system where parties from two or more nations are in a dispute. For example, the
law of import and export with no payment from borders to borders. Therefore,
international laws which govern many countries it he world. When our country signs a
treaty or a convention with other, such a treaty becomes law in our country.

v. Received laws – these are laws which originated from England and were received in
Tanzania as laws applicable in the country. These laws include, common law, the
doctrine of equity and statutes of general application of England applicable in England.
For example, the 2nd of July 1920 is called the reception date for English law in Tanzania.

In general, business law in Tanzania is very important in the country because it helps the
different companies and sectors for development to solve different problems in the country like
cases of business so that different leaders refer to follow business laws and get the solution.
REFERENCES

 SARAH RICHES, VIDAL ALLEN, BUSINESS LAW, 10TH EDITION

 MARSH S.B, BUSINESS LAW, 4TH EDITION
 JOSEFU E.A MWAKASINGA, BUSINESS LAW, VOLUME 1