MUTEMO.pdf

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lThat is Lew't i-aw i'eiei's ii iilase beharlior;t' i.&d441'P- I Definition Salmond Salrnond defines ia.w as a hoar'l f,i oiincln€ aomintstration of Justice. v,g.-# {r.), u}[email protected] odAl Uld FA iTrt' I t+fiffi Paw A rules and ieguiations ihat govern our de1,'tc day.human, sccial and poiitic:i h'Wq.afx u{lj Aa;vl* t}' {Llt1t5'l^t^n&'* I -rrlt'4t'hrltq' ie L!. oJ O> ieccgnized aird"appfied by the siate in the Definltion CIcero Staies that Laws were invented ior the safety of ciiizens, ihe preservation cf states, ihe trancuiiiiy and happiness oi human life. Characteristics of l-aw a) Certainty' Every tav,,, of a ccuniry should .be ceftain and "aScefiainable by any person. ln' other rruorCs we shouiC not have laws that are amended, repei&d and enacted on an'everyday basis. This is'fiiit io sa\l however that a law should hot he're flexibility needed in any change of society. ; b) tlniforrnity A tew shcutC be uniformiy applied amongst citizens be it the ilch, the pccr, the King or rtie sewant. l-aw shculci thus be blind to ihe social status of the individual. c) Enforceability - a{ tt is pointtess to enaci a law that will not be +d#iceabie, ii will be if it is k;pken. A law of ailv sociery should be enforced by an Executive Arffi cf the Staie. lf the law cannot be forced then it ceases to serue as a law. rl) ..lustice: ': For a few lal,v to be i'espected in a society it shiuld endeavor to alhieve justiCe when it is felt thai it is unfair then citizens are iikely to gflagainst it, preferring to fulfill whai they regard as',fair, e.g. the reason why people.continue paying lobola in Zimbabwe even thouglt'{ it is no longer a requirement of Civil Law. Ma.rriage is that the people feel that it is unfair and contract to their own beliefs. "',, e) Divislons.of the {-aw' #!r lL* "rn oati'*ia€Orinto"inlrroer of cltegores but ior purposes of our study in business law ihere are lwo (2) broad divisions of the law namely: Privbte (civil law) and Public Law. The b:sic difierence,between Private and Public Law is that Private Law is malnly concerned with the I relationship betvueen ciiizens amongst themsel\res. [e<u* It does noi boiher about the interference of the state in other words the state'live'it up tc the individual to enforce their rights. ln this branch cf Law the police are not involved. * ', .' On the other hand Public Law whose main bocy is the criminal law regulates the relationship that exists between the state and its citizens or people. The object of frivate'Law (Civil Law) iqto'' afford compensation usr"rally by way oT damages that is monetary"payment to th,e,Re,r1on who has been inji:i"ed or, wrcnged Uy another person'j conduct or action. On the other hand ihe object of c:'iminai iaw is to punirn the wrong doer {offender:) for the Acts that he/she would have committed '' against another member of socieiy. tn Lusineajt*u ttl* intention is to inducethe otherpart i6' entei' inio a conti-act.
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