BUSINESS LAW 5 LECTURE HIGHLIGHTS

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Chapter 2: Resolution of Disputes, pg. 1

In this chapter, lectures zeroed in on how a lawsuit is initiated (filing a complaint and filing an answer) and what transpires between the time the answer is filed and a trial commences (if a trial does occur) which is called the discovery phase. We established an understanding that a complaint is a document that contains the plaintiff's allegations and that the plaintiff has the burden of proving the allegations at trial by a preponderance of the evidence. The allegations contained in the complaint are just that, allegations! A statement by a party in a lawsuit of what that party hopes to prove is essentially the definition of an allegation. In the answer, the defendant generally denies the allegations in the complaint. When this occurs there exists a factual dispute. However, not every lawsuit involves a factual dispute. There are some lawsuits in which both the plaintiff and the defendant agree on the facts but disagree about the law. In these situations there is not factual dispute.

You are expected to understand the discovery process and what the parties are attempting to accomplish during discovery. Each side attempts to learn as much as possible about the facts of the case. The parties attempt to gather as much evidence as they can so that they can come to a realistic assessment of the facts and strength or weakness in their and the opponent's case. How is this accomplished? Interrogatories, depositions, admissions and requests for the production of documents are the means used to discover evidence. Interrogatories is an inexpensive to obtain information. Only a party to the lawsuit can be served with interrogatories. A Deposition is a procedure wherein the deponent must answer questions under oath. It provides an opportunity to assess how the deponent will do when testifying at trial. A deposition is an effective discovery tool but can be quite expensive. The lawyer(s) must be paid and the deposition transcript (which is prepared by the court reporter who was present at the deposition) can be quite costly. A Request For Admissions is an attempt to narrow the issues in the lawsuit by getting the other party to admit to certain facts. When this occurs, it takes less time to try the actual case because the need to prove the facts that have been admitted is no longer necessary. A Request For the Production of Documents can prove quite valuable to the requesting party when documents are produced that assisting proving some or all of the contested facts. Pre Trial Motions There was also discussion about the types of pre trial motions that are filed and what a party filing such a motion is attempting to accomplish.Motion to Dismiss, Motion For Summary Judgment, Demurrer are the more common pretrial motions that parties file. A pretrial motion that is granted by the trial court will result in an early victory in favor of the party that filed it and obviously eliminate the need to proceed further to trial. Students are expected to know the difference between the various types of pretrial motions. Motion to Dismiss Motion for Judgment Filed after plaintiff files complaint but before answer Filed after both complaint and

on the pleadings Demurrer Motion for Summary Judgment

answer are on file Specific type of Motion to Dismiss (failure to state valid claim) Based on there being no triable issue of fact

A trial is a contest between the parties with each trying to prove the facts that best support their own position, and with each trying to disprove the facts being relied on by the opponent. As previously discussed, not every fact in every lawsuit is the subject of a dispute. In some cases, the parties agree to the facts (stipulate to the facts). There are motions that are raised in connection with the trial:

General verdict : Jury decides who wins and how much compensation should be given Special verdict : Jury decides only the facts (who to believe) and judge applies the law Directed verdict : It is a request of the judge to rule in favor of moving party. This is done before case reaches jury and is done to avoid having the jury reach the decision Judgment Notwithstanding the Verdict : This is a judgment NOV and is a request of the judge that she enter a verdict in favor of the moving party in spite of the fact fact the jury has already ruled otherwise. Motion for New Trial : This motion can be predicated on any of several reasons (new evidence, attorney misconduct, misapplication of the law, etc.)

Briefing the Cases Case briefing is an essential component to this class. Much time was devoted to a discussion of the importance of learning how to brief cases and why each student should make the effort to learn the technique. By briefing cases a student will better understand the issues presented in the case and will be in a better position to do well on the quizzes because I will allow students to use the case brief templates when taking the quizzes Emphasis was placed on the fact that briefing cases is a learned

technique and that - with some hard work and focus - this technique can be learned with the first few weeks of the semester. The Procedural History of the particular case is covered in the left column of the template. Pretrial motions and their outcome, verdicts at trial (and whether the trial was a jury or court trial) and the appellate history of the particular case are all covered in this section of the case brief template. To find this information should not be difficult. Once you locate it, merely fill in the template. By knowing which party prevailed and at what stage of the proceeding the party prevailed should help to give you a better overall view of the particular case you are reading. The Substantive aspect of the case is dealt with in the right hand column of the template. The substantive aspects of the case have to do with the alleged and/or stipulated facts, proven facts, and the law that the court applies (applicable rule of law)or instructs the jury to apply in resolving the case. Some cases will involve disputes wherein the plaintiff and defendant agree to the facts (meaning the facts are stipulated) and the dispute will involve the law. In other cases, the plaintiff and defendant will dispute one another's version of the facts. When this happens, the trier of fact (jury or judge depending on whether it is a court or jury trial) will be obliged to decide what actually happened (what the facts are) before the law can be applied. As you become more familiar with the briefing process, you will not have any difficulty knowing the difference between stipulated facts and a factual dispute. Cases are decided by an application of the law to the facts of the particular case. The source of the applied law is either the Restatement, the Uniform Commercial Code, and/or precedent (case law). The law that is applied to the case will be in the form of a rule of law (rol). I expect you to know the rule of law in each and every assigned primary case!

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Chapter 9: Introduction to Contracts, pg. 18

In this chapter we cover a substantial amount of new vocabulary. Terms such as valid contract, void agreement, executory contract, partially executed and partially executory contract, unenforceable contract, voidable contract, unilateral contract and bilateral contract are discussed among other definitions. I emphasize that it is your

responsibility to learn the vocabulary terms and that these terms will (in one form or another) appear on your unit examination. Chapter nine serves as a window to the contract law that will be covered over the course of the semester. Each of the assigned chapters coversa particular component of a contract and it is only after we complete chapter 18 that we are able to look back and fully understand the many elements that make up a valid contract. We address the distinction between a promise and a contract. We learn that every contract contains promises (express or implied) but that every promise or exchange of promises do not necessarily create a contract. A contract is an agreement which both parties intend to be a binding legal commitment. A contract creates both legal rights and duties and is enforceable in a court of law. Thus, an agreement between two friends to meet for lunch at a given place and time would be an agreement but not an enforceable contract because it is most reasonable to infer that they merely intended a social meeting or commitment. Fairness & Equity The concepts of Promissory Estoppel and Quasi Contract are also discussed in this chapter. These contract principles are applied in circumstances when no valid contract has been formed between the parte is and when unfairness would result if the court chose to do nothing at all (because there was no valid contract). Quasi contract (implied in law contract) recovery occurs if, according to the facts of the particular case, one party would otherwise be unjustly enriched at the expense of the other party. This involves circumstances where one party provides something of value to the other and both parties know (or should know) that the person who provided the benefit did so with the expectation of being paid. To allow the recipient to retain the benefit without having to compensate the provider would amount to the unjust enrichment of the recipient which the courts will not allow. The principle of Promissory estoppel is applied to a fact situation involving a carelessly made promise that causes the one promised to rely in some way and suffer a hardship when the promise is broken. The promise that was made does not create a contract because the promisor (the one who made it) does not seek anything in return for the promise. However, if the facts indicate that the promisor, as a reasonable person. should have been able to foresee that reliance would occur if the promise was made, then breaking the promise is considered to be a reckless act, and a court is apt to enforce the promise if a hardship results to the promisee.

Much time is spent discussing the two-sided coin of quasi contract and promissory estoppel and in making the distinctions between these two legal principles. Emphasis is placed on the importance of these non-contract theories and knowing when and why a court would resolve a given legal dispute by applying one or the other, and why a court would refuse to apply one or the other. Source of Law: Restatement 2d; Uniform Commercial Code and Stare Decisis (case precedent) Chapter nine also addresses the various sources of law available to the litigants and court in a contract dispute. We discuss the differences and similarities between these different sources and why one would be applied to the exclusion of one of the others. We draw the distinction between goods, services, real estate and intangibles and we also discuss a hybrid contract (one by which both goods and services are involved. Historical Perspective Contract law has undergone change from its inception to the present. It is important that you understand the disparity between the classical approach to resolving contract disputes in court and the approach taken modernity. Laissez faire: Historically, judges would only look at whether the elements needed for a contract were present or missing. If the required elements were there, the court would rule that a contract existed. Issues such as fairness, good faith, unequal bargaining power between the parties, etc. were not a concern for the courts. Hands on Approach: Modernity, the judges take what has been coined as a hands on approach in resolving contract disputes. The court will take fairness into account. The court will examine the bargain itself and if it feels that a party was taken advantage of (agreed to terms because of no choice in the matter), it will null and void the agreement. What Effect, if any, does this modern approach have on contract formation? Throughout this semester - as you examine various situations involving the formation of contracts between parties - you will begin to appreciate the fact that the modern approach to contract law has infused a great deal of uncertainty into transactions even though it has accomplished its objective of arriving at a just and fair result. Verbal Contracts vs. Written Contracts There is generally a misconception on the part of students taking this course with regard to the legal significance of verbal agreements. Many students are of the opinion that only written agreements are enforceable. This is not true! Verbal (oral)

agreements are enforceable. The issue presented in trying to enforce ANY agreement is whether the particular agreement was INTENDED to be a legally binding contract. You will soon realize that there exist many situations and circumstances wherein people intend to legally bind themselves to a contract based on verbal commitments. Note: "An oral contract is worth the paper it is written on." The above phrase suggests that oral contracts (although theoretically legally enforceable) are not worth a whole lot because they are so difficult to prove in court. The moral of the above is that it is far more prudent to reduce every agreement into a writing so that proof will exist in the event that a dispute arises and a lawsuit follows. This caveat sounds great in theory, but is weak in practice. Consider the many oral contracts that you enter into as an ordinary part of your daily life: Purchasing gasoline; eating at a restaurant; buying merchandise; taking clothing to the cleaners; purchasing tickets to sporting or entertainment events, etc. These transactions are contractual in nature and would obviously become cumbersome and time consuming if a writing was required to legally enforce rights and or obligations created by such agreements. In Some Circumstances there must be Written Evidence As you delve into this semesters material, you will learn that laws in various states require that certain types of transactions (sale of real estate; employment contracts that cannot be performed within one year, etc.) are not legally enforceable UNLESS there exists written evidence of the particular agreement. However, in most instances an oral agreement will be enforced if proven in court. Are you able to find ANY agreement in chapter 9 ( consider both primary and problem cases) that is oral and was ruled enforceable? Problem Cases

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Chapter 10: The Agreement: Offer, pg. 36

Every contract requires proof of an agreement. The rules of offer and acceptance are used to determine whether an agreement was reached. Chapter 10 deals with the rules regarding the offer and Chapter 11 speaks to the rules regarding the acceptance. An offer is made by the offeror to the offeree and it consists of several elements. An offer requires:

A promise that bargains for either a return promise, an act, or forbearance The promise may be either express (oral or written) or implied (inferred due to circumstances, habit and social custom). The subject matter of the offer - land, services, goods, etc.must be described with enough certainty and clarity so that a judge would not have to guess at what the parties were intending. The offer must be communicated to the offeree ( the offeree must actually know about the offer) The outward circumstances must demonstrate that the offeror intended an offer (as opposed to joking for an example). The offer must be legal The offer must be viable (in existence) at the time the offeree attempts acceptance.

An offer is either bilateral or unilateral. Bilateral offers consist of promises for promises. Unilateral offers consist of a promise or promises for an act or forbearance. There are certain categories of proposals that may or may not be offers and there are existing rules of law (default rules) that dictate what a court is likely to decide when faced with one of the categories. Price quotes, general auctions, and advertisements are not likely to be interpreted as offers by a court. There are of course circumstances which may influence the court otherwise. Auctions to the 'highest bidder without reserve' and rewards are likely to be construed as offers. Bids, on the other hand, could go either way. An important factor when a bid is involved is whether the parties included the many things that bids -which are construed as offers- normally contain. The more areas the bid covers, the more likely the court is to conclude that the parties intended that the bid serve as an offer. The less formal the bid is, the less likely the court is to rule that the bid is an offer. A bid that is submitted in writing is more likely to be construed as an offer than an oral bid! There are any number of circumstances that if present would cause the offer to terminate. If the offer does terminate before the offeree accepts it, no contract can occur. It is thus of paramount importance to understand if the offer did exist at the time acceptance was attempted. The various ways that an offer can lapse are: time lapse; destruction of the subject matter being offered; death or insanity of either offeror or offeree; illegality; rejection by the offeree and revocation by the offeror. Revocation occurs when the offeror communicates her intent to withdraw (take back) the offer and as a general rule, offeror's are empowered to do so. There are some

circumstances, however,wherein the offeror loses her right and power to revoke the offer. In other words, the offer will become irrevocable. It is important that you are able to recognize the circumstances that cause an offer to be irrevocable. They are: Option contracts; Promissory estoppel; Certain statutes; Firm offers under the UCC, and the commencement of performance of a unilateral offer. The offeror is the 'master of the offer'. This has far-reaching ramifications which the student needs to understand.

When reading and briefing the primary cases you may find it helpful to take the following approach:

Draw a diagram indicating the alleged agreement between plaintiff and defendant Identify the alleged offer and the alleged acceptance Focus on the alleged offer and determine if all the requisite elements are present

Problem Cases

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Chapter 11: TheAgreement: Acceptance, pg. 54

An acceptance of an offer creates a binding contract. Acceptance, at common law, embraced the 'mirror image' rule of law which meant that the acceptance was required to be the mirror image of the offer. An unconditional, unequivocal assent to the terms of the offer was what was required. A purported acceptance - one that was conditioned upon demands not included in the offer - was a counter offer and it had the effect of canceling out the original offer. Modernly the courts are more flexible and what may not have been viewed as an acceptance at common law, often qualifies as one modernly. A bilateral offer requires a return promise as the acceptance. A unilateral offer that bargains for an act or action, requires the performance of the act as the acceptance. A unilateral offer that bargains for forbearance, requires the forbearance as the acceptance.

Responses That Do Not Qualify as an Acceptance An offeree might respond to an offer in any number of ways. The particular response must be accurately identified by you because each different response carries with it a different legal consequence! Obviously, an acceptance timely given, results in a valid contract. The other types of reactions by the offeree are an inquiry, ignoring the offer, expressly rejecting the offer, making a counteroffer and impliedly rejecting the offer. By ignoring an offer an offeree runs the risk that the offer will terminate via time lapse. By making inquiries of the offeror (asking questions) the offer will remain valid unless of course the questioning persists for an unreasonable time period which would then result in the offer lapsing due to time lapse. An express rejection will have the effect of canceling out the offer. The same is true with regard to an implied rejection. Counter offers are generally implied rejections! Objective Theory of Contract Intent Remember that contract intent is measured not by what a person was actually thinking or subjectively intended but rather by an objective standard (based on what a reasonable person would believe the person intended). What a person said, and how a person said it, and the other surrounding circumstances - including what is considered customary by society's norms - will tell us what is reasonable to believe. So . . . whether an acceptance was intended depends on the objective standard being applied. Whether a rejections was intended depends on the same standard. The same is true regarding a counter offer. Silence As An Acceptance As a general rule of law, silence is not an acceptance. A contract requires an agreement and an agreement requires outwardly manifested mutual assent (an offer and an acceptance). Silence, a general proposition, is not an outward manifestation of intent to be bound by a contract. Of course, there are circumstances that would cause a court to rule that silence does constitute an acceptance. Silence would be viewed as an acceptance if during the course of past dealings it became the manner in which the offeree manifested assent.. Assume that Seller delivered produce to Buyer at 5:00 a.m. every Monday. Assume that Buyer's employees loaded the produce into Buyer's wharehouse and that Buyer wired a check to Seller on the following Friday. On the particular occasion at issue, the produce that was delivered was not acceptable to Buyer who believed it to be spoiled. The Buyer stored the produce in the back part of the warehouse intending to to return it to Seller but forgot. Buyer never wired a check to Seller and never informed Seller that produce was unacceptable. On Saturday, Seller contacts buyer to inform him that the money has not yet been received. Buyer

explains to Seller that the money was not wired because the product is defective. What result? The buyer would be bound by contract because the course of conduct established in their past dealings was that Buyer's silence between the date of delivery and the following Friday manifested the Buyer's assent. In other words, the buyer -because of their past dealings- fell under an affirmative duty to tell the seller if he did not want the produce. Refer to your outline and the text for further explanation. What Is the Effect of The Absence of a Writing? The answer to this questions depends on whether the parties bargained for a writing. If their agreement was contingent upon a written contract being drafted and signed, and this did not happen, then the court will find that no contract ever came into being. However, if the preparation and execution of a written contract was merely an afterthought, the failure to accomplish this goal will not have any effect on the previously formed contract. In other words, assume that A and B are negotiating and A says, "O.K., this is my final offer take it or leave it. I will sell for $10,000.00." B replies by saying, "O.K., darn you drive a tough bargain, but it's a deal." A then says, "Incidentally, could you have your secretary draw up a written contract - which we will both sign - just to have a record of the deal"? B says, "Sure, it's a good idea." Assume that the secretary never gets around to preparing the written draft. Is there a contract? Yes. Battle Of The Forms The battle of the forms occurs when merchants use their own form(s) (prepared by their own legal staff) to form a contract. Merchant A submits its offer using its own form, and Merchant B accepts the offer by using its own form. The forms are consistent as to subject matter, quantity and price but inconsistent in other areas. At common law there would be no contract. The form used to signal the acceptance would be construed a counteroffer and it would void the original offer. However, the UCC departs from this view and a contract might result insofar as those parts of both forms this are consistent. Refer to your text and to your outline regarding the specific rules pertaining to the issue of battling forms. Mail Box Rule (MBR) The mail box rule dates back to the common law and it is often applied to determine the moment in time that the acceptance actually occurred. According to this rule, the mail becomes the agent of the offeror if the offeror used it to transmit the offer. Think of the mail as an extension of the offeror. The theory employed was the the offeror, by using the mail, was impliedly authorizing the offeree to do the same when accepting the offer. It followed that an acceptance occurred the moment the offeree 'dispatched'

her acceptance by placing it back into the mail. Of course there was proof required that the acceptance was properly addressed and carried adequate postage. The disadvantage to the offeror was that she was often unaware of there being an acceptance since there was a lag between the time the acceptance was mailed and received. The MBR can be eliminated by the offeror (master of the offer) by merely stipulating in the offer that the acceptance is not valid until it is received at offeror's principal place of business or some other address. The MBR will not be applied if the acceptance is improperly addressed or if inadequate postage is used. It will neither apply to those situations involving a Post Acceptance Revocation or a Post Revocation Acceptance! When and How is the Offer, Acceptance, Revocation or Rejection Validly Communicated? The area of validly communicating the Offer, Acceptance, Revocation or Rejection is a tricky one and it involves different rules depending on which of the four (offer, acceptance, revocation or rejection) you are considering. It is important to understand that the word communication takes a different meaning than we generally understand it to mean. In face to face dealings, communication means precisely what we know it to mean. An offer is validly communicated the moment it is expressed. An acceptance, rejection and revocation are also validly communicated the moment they are said. The difficulty occurs in situations wherein an intermediary - the mail - is the means used to transmit the information. Offers are not validly communicated until read. An acceptance is validly communicated (if the MBR is applicable) when properly dispatched. If the MBR is not applicable, the acceptance is not validly communicated until received. Both the rejection and the revocation are validly communicated when received. What is an offer is transmitted via mail and the offeree first dispatches her acceptance but changes her mind and then dispatches a rejection? Or what if an offer is transmitted via mail and the offeree first dispatches her rejection but changes her mind and then dispatches an acceptance? The above hypotheticals address the phenomenon of Post Acceptance Rejection and Post Rejection Acceptance. The law applicable to either of these scenarios is that whichever is received first is the valid one. Receipt does not require that the recipient be aware of the presence of the correspondence. Problem Cases

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Chapter 12: Consideration, pg. 71

Consideration consists of bargained for legal detriment. mutuality of obligation exists when each party to the agreement incurs legal detriment that is bargained for. A legal detriment attaches only if one agrees to give up a legal right or to assume a legal obligation. A promise to do that which a person is already under a legal obligation to do (under a pre existing legal duty to do) does not create legal detriment. An agreement by one to compensate another for what the other has already done does not create legal detriment because no new obligation is being assumed and no legal right is being given up. This is called past consideration. Thus, A's promise to pay B $1,000.00 for having returned to A his lost dog, does not establish any legal detriment to B because B is not giving up a legal right nor assuming a legal duty. A valid contract not only confers legal obligations on each of parties, but it also establishes legal rights in each party. A sensible approach to the cases in this chapter is to identify the agreement between the parties. After doing so, consider separately what the offeror has offered to do and what the offeree has agreed to. Has the offeror made a proposal which amounts to the offeror giving up a legal right or assuming a legal duty? If so, there is legal detriment to the offeror. Next consider what the offeree has agreed to. Has the offeree agreed to give up a legal right or assume a legal duty? If so there is also legal detriment to the offeree and there exists consideration because there exists mutuality of obligation. The comparative value of the bargained for consideration is not a significant issue. In other words, if A promises to pay B $10,000.00 for an object of art that most art dealers believe to be worth closer to $2,000.00 it is of no real consequence. The agreement between A and B is a valid contract because there exists mutuality of obligation! A has promised to pay $10,000.00 and this amounts to A agreeing to do that which A was not under any legal duty to do, i.e., pay $10,000.00 to B. In turn, B has agreed to give the art object to A and this amounts to B agreeing to give up the right to the art object. After you achieve the feel for what consideration is and you learn how to determine if each of the parties to the agreement has at least bargained for something from the other party, you must then further examine the facts to see if any of the circumstances exist that would preclude a finding of legal detriment. What are these circumstances? Pre Existing Legal Duty Past Consideration

Gratuitous Promises

Illusory Promises

A preexisting duty problem exists in a situation where a party promises to do that which the party is already under a legal obligation to do. A fireman promising to put out a fire, a lifeguard promising to retrieve a struggling swimmer from the ocean, a motorist promising to obey the speed laws, a building contractor promising to complete the house that he is already contractually obligated to complete are all examples of persons agreeing to do something that the law already requires they do. A contract (job description) or a law can create the preexisting duty! Gratuitous promises are essentially promises to confer a gift and nothing more. A gratuitous promise does not bargain for anything in return even though it may bring great satisfaction and pride to the promisor/ donor. In other words, there is no resulting legal detriment to the promisee because there has not been a promise to perform a legal obligation or to give up a legal right. Past Consideration does not create legal detriment because no new legal obligation is assumed and no legal right is being given up. If A promises to B $1,000.00 for having returned to A his stray dog Sparky, where is the legal detriment to B? There isn't any. B is neither agreeing to take on an obligation nor agreeing to give up a legal right. B has already - IN THE PAST - returned the dog to A. Consideration requires bargain for something prospective and not agreement for that which is retrospective (has already happened). Illusory Promises are those which give the impression of creating legal detriment but don't. An illusory promise by one party will cause the agreement to be void due to lack of mutuality of obligation. Promises to do that which is impossible to do make the promise illusory. An agreement to purchase or sell that contains a clause allowing a party to cancel at will, makes the entire agreement void because the party with the right to cancel made an illusory promise. That party cannot be required to perform under the agreement. If the party who had the right to cancel agreed to give written notice to affect cancellation the promise would not be illusory. The legal detriment was the agreement to do that which the party was not previously obligated to do, give written notice. Refer to the textbook and outline and see how 'output' and 'requirement' contracts fit into the scheme of illusory promises. The chart below lists the legal theories that might be available and if proven could result in the agreement being enforced even though one of the above four circumstances exist.

Preexisting Duty

Commercial Impracticability, Benefit Theory

Past Moral Obligation Consideration Gratuitous Promises Illusory Promises Promissory Estoppel Promissory Estoppel

Assume that Builder and Owner agreed that builder would construct a home for owner for $500,000.00. Builder was extremely cautious in bidding out the project and did what a reasonable builder would do insofar as consulting soil engineers and experts. Shortly after the builder broke ground he realized that there was an ancient concrete slab that would have to be removed. Assume that this would require substantial work and substantial increased costs to builder. If owner promised to pay builder $100,000.00 to go ahead and build the house, it could be argued that builder would not be entitled to the additional 100k because he was under a preexisting duty to build the house. However, if the builder could prove commercial impracticability,the builder would be entitled to the extra money. Assume debtor promised to pay creditor an old debt that had been discharged in bankruptcy or barred by the statute of limitations. This without more would be unenforceable because of lack of mutuality of obligation. What legal detriment is there to the creditor? None! Some states apply the theory of moral obligation. These jurisdictions theorize that the promise to pay is enforceable even though it technically lacks consideration because the debtor has a moral obligation to pay it. The moral obligation is the substitute for the lack of legal detriment. Assume Uncle promises $50,000.00 to his academically talented niece who just graduated first from her law school. There is obviously no legal detriment to the niece because she did not agree to assume any legal obligation nor did she agree to give up any legal right. She merely responded to the generous promise by saying, "Gee, how

great." If she can prove that she justifiably relied and that she would suffer hardship if the promise wasn't kept, she would be able to enforce the promise. This is an example of promissory estoppel. Assume that the paralyzed telephone linesman agreed to return to work in exchange for his employer's promise to give him a lifetime employment contract including cost of living increases, etc. The promise to return to work is an illusory one and would result in a court ruling that the agreement was void. If, however, the linesman relied on the promise for lifetime salary by building an expensive home with a substantial mortgage and perhaps sold his existing home, he might be able to prove the elements of promissory estoppel.

Subsequent Contracts Another part of chapter twelve addresses the issue of the subsequently formed contract between the parties to the original contract. This is not an uncommon commercial phenomenon and it requires an examination of the subsequently formed contract to determine if it is supported by consideration (mutuality of obligation). You are expected to know all of the subsequent contracts! They are: rescission contracts; modification contracts; novation contracts; accord and satisfaction contracts, and a contract to pay a lesser amount.

Rescission Contract Modification Contract Novation Contract

Contract to cancel the original contract Contract to change the original contract Contract to substitute in a new party and out an original party

Accord and Contract to compromise an Satisfaction Contract unliquidated debt Contract to pay a lesser amount Contract to pay less on a liquidated debt

Liquidated vs. Unliquidated Knowing the difference between a liquidated debt and an unliquidated debt will assist you greatly when you analyze the issue of consideration in an accord and satisfaction contract as well as in a contract containing an agreement to pay a lesser amount than the agreed amount actually owed. A debt is liquidated if both parties are in agreement as to the amount owed. In an express in fact contract the amount to be paid is set forth in an express manner. The amount is obviously liquidated if the contract is wholly executory. If no dispute arises as to the quality of the good or service rendered and if it was delivered timely, then the amount continues to be liquidated. The creditor has a legal right to the liquidated sum and the debtor has the legal duty to pay it when due. What if the debtor offers and the creditor accepts - as payment in full - a lesser amount? Is this a valid contract? It depends! The facts must show that consideration was bargained for and received on both sides. The problem that occurs is whether there is legal detriment to the debtor. We know that there is legal detriment to the creditor because the creditor gave up the legal right to the full amount. If the facts show that the debtor agreed to pay at an earlier time, in a different medium, or perhaps at a different location, then the debtor has also incurred a legal detriment and the agreement is binding. Incidentally, a debt that arose from an implied in fact contract (where the parties impliedly agreed that a reasonable amount would be charged and paid) is liquidated if the debtor believes that the amount charged by the creditor is reasonable. The same rules as stated directly above apply. A debt is unliquidated if there is a dispute as to the amount owed. A debt can become unliquidated if the debtor claims that the creditor (assume an implied in fact contract) is charging an unreasonable amount or (in an express in fact contract) the goods were defective, delivered untimely, or the service was not performed as promised. In this case an agreement between debtor and creditor that a lesser amount be paid as payment in full will be a binding accord and satisfaction contract. The legal detriment to the creditor is that the legal right to sue was relinquished and the debtor incurred a legal detriment by then agreeing to pay a sum certain to the creditor. Problem Cases top

Chapter 13: Reality of Consent, pg. 89

If an agreement lacks real consent, the party who did not really consent may avoid the contract or, in the alternative, sue for damages. A contract lacking real consent is considered voidable (see Chapter 9 lecture notes). The choice to avoid this type of contract is with the party who did not really consent! The consenting party is left with no choice. The legal right to avoid this type of contract lies with the party who can prove that she did not really consent to the agreement. Up to this point in the semester we have established that contract intent is based on the behavior of the parties and other surrounding circumstances (objective theory of contract law) and that the subjective beliefs and feelings of the parties is actually immaterial with regard to the process of offer and acceptance. In this chapter however, the state of mind of the party who is alleging no real consent is crucial to the outcome of the dispute. So it is here, for the first time, that we are going to concern ourselves with the subjective aspect (what the person was actually thinking and believed to be the facts). An example would be: Seller and Buyer enter into an agreement for the sale and purchase of a car owned by Seller. Seller told Buyer that the car had 25,000 miles when in fact it had 45,0000. The seller also turned back the odometer to reflect 25,000 miles. The seller was consciously lying to Buyer when he made this statement. Assume that Buyer eventually learns the truth about what happened. Did the Buyer REALLY CONSENT to this contract? No! Buyer bargained for a car that he believed to have only 25,000 miles but that actually had 45,000. So. . . the buyer bargained for one thing and got something different. The contract lacked real consent and the buyer has some choices available to him. He can sue to rescind the contract or he can sue for damages. The seller, on the other hand, is without any choice. He is at the whim of the buyer. Example # 2: Seller and Buyer enter into an agreement for the sale and purchase of Seller's home. During negotiations Seller informed Buyer that the home was 4500 square feet when in fact it was less than 4000 square feet. The seller actually believed the information to be true because she was told this when she bought the home from the person who sold it to her. She never attempted to confirm this information. Assume that Buyer eventually learns (months after moving in) that the home is less than 4000 sq. feet. Did the buyer really consent to this agreement? The answer is again, no! The buyer bargained for one thing and received another. The buyer's state of mind was that he was getting a home that was 4500 square feet when in fact it was less than 4000 square feet. The buyer believed he was getting a certain thing but got something else The difference between examples one and two, insofar as how the misinformation was passed from one party to the other, is that in example one the seller acted with the purpose of deceiving the buyer and in example two the seller had no intent to deceive the buyer but was negligent in dealing with the buyer. The first

example is one of fraud and the second example is one of innocent misrepresentation. The curious fact is that in each of the two examples the buyer really didn't consent and received something less valuable than what was bargained for. THE PREAMBLE to this chapter (and the next as well) has to do with the procedural aspect of voidable contracts. The party claiming lack of real consent can assume either an affirmative or negative posture regarding the dispute. If this party chooses to file a lawsuit for rescission or damages the party treated the lack of real consent as a SWORD, but if this party chooses to not perform the contract because it lacks real consent (i.e., while contract is wholly executory, the buyer learns that the seller lied about the mileage and now refuses to buy the car) and issued by the other party, the lack of real consent issue is being treated as a SHIELD. The sword is a metaphor for acting aggressively or affirmatively. The shield is a metaphor for acting defensively. When studying cases in this chapter you should determine if the lack of real consent is being asserted as a sword or shield. If it is relied on by the plaintiff it is being used as a sword. If it is pleaded by the defendant, it is being asserted a shield. What Are The Reasons that Real Consent Would be Lacking? There are a host of reasons why real consent would be lacking. Your objective should be to learn each and every one of these reasons and be able to distinguish between the various ones. Here are the reasons why a party might claim that she really didn't consent to the agreement: She was lied to about the consideration she bargained for and received The other party misrepresented the facts regarding the consideration she bargained for She was mistaken about the consideration she bargained for and received She was forced to enter into the contract She had implicit trust in the other party to the contract and was unduly influenced/persuaded by him to form a contract She was in a dire economic situation and entered into the contract under circumstances of economic duress FRAUD INNOCENT MISREPRESENTATION MISTAKE

The above three theories of lack of real consent are in many ways very similar and in others quite different. I suggest that you spend considerable time learning the nuances between fraud, innocent misrepresentation and mistake (both unilateral and bilateral). An excellent way to approach this area is to study the problem cases. Analyze the problem cases with the goal of determining which involve fraud and which involve mistake or innocent misrepresentation. I have provided some vocabulary terms that you should learn in order to facilitate learning the above theories. fact: something that is capable of proof because it existed in the past or exists presently opinion: it is merely what a person believes will or will not happen or to be the case and includes beliefs about value latent: hidden; not something that a reasonable person would either know about or think to ask about patent: obvious, something that a reasonable person would either know or be negligent in not knowing active concealment: conduct that is designed to hide a particular condition innocent nondisclosure: the failure to volunteer information because the person armed with the information forgets to disclose it fraudulent nondisclosure: the intentional withholding of information with the intent to deceive the other person material: important enough that the court or jury would conclude that it contributed to a party's decision to form the contract immaterial: not important enough that it would have influenced the party's decision to enter into the contract justifiable reliance (under common law): to conduct the type of investigation that a reasonable person would have conducted justifiable reliance (under modern law): proof that relying party was not irrational in believing the information furnished

unjustifiable reliance: punitive damages: damages designed to punish the fraudulent party lay person: an ordinary person without any expertise or special knowledge in a particular area an expert: a person who has expertise and special knowledge in a particular area extrinsic: does not involve the bargained for consideration as it is collateral in nature intrinsic: it is directly related to the bargained for consideration

FRAUD A party behaves fraudulently by intentionally deceiving others. This can be done by lying or by conduct that is intended to create a false impression (turning back the odometer or whitewashing termite infested areas of wood) or by silence that is intended to prevent the other person from realizing the true character of a particular condition (not telling the home buyer that old septic system beneath the house is periodically emitting terrible odors). A party who has behaved fraudulently can be sued for punitive damages. INNOCENT MISREPRESENTATION A party has engaged in innocent misrepresentation by negligently or carelessly creating a false impression in others. Seller who is asked about the square footage of a home tells the buyer that the home is 4,500 square feet (when in fact it is 3,800). Seller actually believed the home to be 4,500 sq. ft. because this is what he was told when he bought it. He never had the home measured! His misrepresentation, although innocent, was nonetheless negligent and it caused damages to the buyer. Seller sells his car to buyer forgetting to inform buyer that when driven in - excess of 65 mph the car suddenly pulls to the left and vibrates considerably. In neither of these examples did the seller intend to mislead the buyer! MISTAKE A mistake is not the fault or the result of anything the other party (nonmistaken) to the contract did. A party who is mistaken has been influenced by a third party or has himself misperceived the circumstances. Assume the buyer, while looking through the

home, concluded that the home was quite large, at least 4,500 sq. ft (it was only 3,800) and made the purchase believing this to be true. This would be a mistake. It is not fraud because the seller did not lie about anything. It is not innocent misrepresentation because the seller did not misrepresent anything. In fact, there was nothing that the seller said or did to cause the buyer to believe that the house was 4,500 sq. ft.

WHAT ARE THE SIMILARITIES BETWEEN FRAUD, INNOCENT MISREPRESENTATION AND MISTAKE?

The following similarities exist: the victim entered into the contract with a false impression about the consideration received the false impression is about an important fact the victim would not have agreed to the terms of the contract had she known the true facts the victim sustains damages because what was bargained for was not received

WHAT ARE THE DIFFERENCES BETWEEN FRAUD, INNOCENT MISREPRESENTATION AND MISTAKE?

Fraud is the result of the wrongdoer's intent to create a false impression Misrepresentation is the result of accidental (negligent) conduct by the wrongdoer Mistakes occur because of some outside influence and are in no way the product of the conduct of the other party to the contract By proving fraud the victim can recover punitive damages (this cannot be accomplished when misrepresentation or mistake are proven) By proving fraud the victim can avoid the contract

By proving innocent misrepresentation the victim can avoid the contract By proving unilateral mistake the mistaken party will have a very difficult time avoiding the contract

Subtle Points: Keep in mind that persons who prove fraud or innocent misrepresentation can avoid their contracts! But what about a person who is unable to prove all of the elements of fraud or innocent misrepresentation? What recourse, if any, is available? Assume that the victim proves all of the elements of innocent misrepresentation except the materiality of the misrepresented fact(s)? By not being able to prove innocent misrepresentation, the victim will not be able to avoid the contract, but will be able to recover damages for breach of contract. A person who is the victim of a unilateral or mutual mistake will not be able to recover damages because the nonmistaken party has not lied or misrepresented anything. Thus no breach of contract has occurred. UNDUE INFLUENCE Undue influence is a question of fact and requires proof of the following:

Proof that one party takes advantage of the other party's mental, emotional, or physical weakness. The wrongdoer overcomes the free will of the weaker party by unduly persuading the weaker party to enter into the contract, AND A fiduciary or confidential relationship exists between the superior and inferior party, AND The dominant party used his/her influence to unduly influence or persuade the weaker party to enter into the contract

In ordinary 'arms length' contract relationships there is no special trust placed in one party by the other. Each party is expected to be cautious and diligent in asking about and discovering all pertinent facts relating to the pending transaction. There exists no basis for one party to believe the other will be protective and not take advantage, etc. The opposite is true if there exists a special relationship (attorney-client; patientphysician; real estate broker-client, etc.) When there exists a special relationship it is only normal to be trusting and confident that the party in the superior position will watch out for the party in the inferior position and not take advantage. It is in these

situations that the weaker party may be taken advantage of (unduly influenced) by the other party and if so, there is a basis to avoid the contract due the lack of real consent.
Problem Cases

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Chapter 14: Capacity to Contract, pg. 107

Lack of capacity to contract can be based on any one of three theories: Minority; Insanity and Intoxication. If a person lacked capacity when she entered into a contract, and she can prove this, she can avoid the contract. Again, as in Lack of Reality, the victim of lack of capacity may assert this theory as either a sword or a shield. Most of the material in the chapter deals with the topic of minors so this will be our beginning point as well. Minors have always received special attention and protection from the courts with regard to their contractual obligations and rights. Prior to 1972 an individual was not considered an adult until he or she was 21! The law changed at that time and the age of majority dropped to 18! Thus, at least for the purpose of contract liability, younger persons who were now considered 'adults' would be held responsible for their contractual obligations. The reason for this change was not because over time the evolution of young persons was such that it was decided that 18 year olds functioned in an equivalent way to 21 year olds and should thus be treated accordingly. The change was fostered by the fact that many of our young men were drafted into the armed forces and they were sent overseas (to Vietnam). Many of these young men lost their life in a war that turned out to be anything but popular. The thinking of the time was to lower the voting age to 18 so that they persons could have a voice ( a vote ) as to who was elected to public office. The conventional wisdom was that these persons would now have some control over their own destiny by at least be able to decide who to vote into public office. As it turned out, 18 year olds came to be considered adults for all purposes with the exception of the right to drink alcohol. The best way to approach the cases that deal with the issue of lack of capacity based on minority is: 1. First identify which party is the adult and which is the minor 2. If the minor is the plaintiff, you know the lack of capacity theory is being used as a sword

3. If the lack of capacity theory is being asserted by a defendant, you know it is being used as a shield Next, make sure that you view the facts of each case through the eyes of the adult to determine whether any of the theories that would prevent the minor from avoiding the contract are present. These theories are: The minor lied about her age The minor bargained for and received a necessity The minor ratified the contract A Superior Court approved the contract The minor intentionally destroyed the subject matter of the contract 6. A particular statute makes this contract unavoidable
1. 2. 3. 4. 5.

The main point here is that as a rule a minor may avoid his contract unless any one of the above 6 circumstances apply to the particular contract into which the minor entered. According to some jurisdictions, a minor who lies about his age is behaving in a cunning and sophisticated way (vs. an infantile way) and is thus estopped from being able to avoid the contract. Not all states subscribe to this thinking. California, for one, does not. In California, a minor who lies may still avoid the particular contract but is subject to a lawsuit for fraud by the adult. The rationale for California's view is that lying is adolescent behavior which one would expect from a minor and the minor should still be abbot avoid the contract. The states that will not allow the lying minor to avoid the contract reason that by lying, the minor is estopped from avoiding the contract. A necessity traditionally was that which the minor needed for subsistence. It included shelter, clothing, medical and dental treatment and in some cases legal representation. The basics, so to speak. Modernly, what is viewed to be a necessity has been somewhat expanded and depends on the lifestyle of the particular minor. Should a minor bargain for and actually receive a necessity, the minor is legally bound to pay for the reasonable value of that received. Be sure you realize that if the contract price is unreasonable then the minor will not have to pay it. So, if a minor sees a dentist and enters into an express contract to pay the dentist $500.00 for dental work and the dentist performs the services competently, the minor will have to pay only what is reasonable (and not the entire amount) if it is excessive. Intoxicated persons as well as insane persons also must pay the reasonable value for necessities actually provided. The reason for this rule is that by requiring payment providers of necessities are more likely to provide them and this will accrue to the benefit of those who are in need of

them. Any other approach might discourage people from providing necessities and this could prove detrimental to those who are in need. Ratification is a concept that applies to circumstances wherein the minor, after reaching majority, by words, conduct, a combination of the two, or silence, manifests that he approves of (ratifies) the contract that he entered into when he was a minor. Since the minor is now an adult and theoretically mature enough to make a well informed decision, he should be bound to the contract. Another way to view ratification is to realize that a minor can disaffirm a contract at anytime while still a minor and within a reasonable period of time after reaching adulthood. What is reasonable is a question of fact. At 17, Minor enters into K Minor turns Reasonable time to 18 Disaffirm Minor Ratifies Contract

Following the above continuum, realize that after the minor turns 18, there is a period of time within which the minor can still avoid the contract ( disaffirm it). However, by waiting too long, the court will conclude that the minor impliedly ratified the contract. Ratification can also be express. After attaining majority minor tells the adult he is keeping the car or writes to the adult and informs him that he likes the computer and wants to upgrade it are both examples of express ratification and will prevent the minor from be able to avoid the contract. What is a reasonable period of time depends on the consideration the minor received pursuant to the contract and how quickly it tends to depreciate. A car, for an example, depreciates rather quickly. So . . . a minor who buys a car and then turns 18, will have a shorter period of time within which to disaffirm than a minor who buys a painting or jewelry. Frequently a minor and adult will submit their wholly executory contract to a Superior Court and seek the approval from the court for the purpose of protecting the minor. The procedure followed is that the minor and adult submit the wholly executory contract to the court and ask the court to approve it. If the court does approve the contract the minor will be bound by it. This is not an uncommon occurrence. Consider the fact that many situations exist wherein minor enter into very lucrative contracts which no adult would do without the assurance that the contract cannot be broken (avoided). Movie stars, athletes, musicians, etc., are examples of minors who enter into significant contracts. Minors who intentionally destroy the consideration will not be able to avoid their contracts. This view requires no explanation beyond the obvious. The issue that will sometimes surface is whether the minor has actually intentionally destroyed the object

as opposed to neglecting it and allowing it to lapse into a very poor condition. The latter does not constitute intentional destruction however. If the minor gives the consideration to a third person who will not return it, same result. This is not intentional destruction. There exist statutes (laws) that make certain types of contract unavoidable. Contracts for life insurance, automobile insurance, and contracts for government loans to students are some of the types of contracts that are in this category. Should a minor enter into one of these types of contracts, the minor will not be able to avoid it. Summary After identifying both the minor and the adult and determining the sword and shield aspects of the lawsuit, look at the case through the eyes of the adult and determine whether or not any of the above six circumstances (that would make the contract unavoidable) exist. If one of the six does exist the minor will not be able to avoid the contract. If none of the six circumstances is present you must then explore further to determine if the minor has satisfied his obligation with regard to returning the consideration and whatever else the law of the particular jurisdiction requires. Return The Consideration All jurisdictions require that the minor must return the consideration to the adult (in whatever condition it is in) to the adult as a condition to being able to avoid the contract. At common law, the minor was not required to do anything beyond returning the consideration to the adult. This is an area where there is much conflict between the states as some place a greater burden on the minor. In some states the minor must also pay the adult for the use of the consideration ("Benefit Rule") and other states require that the minor, in addition to returning the consideration, place the adult in statu quo ante by reimbursing the adult for the use of, depreciation to (including that caused by willful or negligent damage) the consideration. Mentally Incompetent persons may avoid their contracts provided the mental incapacity was such as to render them incapable of appreciating the nature of the subject matter of the contract and the rights and obligations affected by the contract. This area of the chapter and law present two different fact situations. One such fact situation involves the person who enters into a contract after having been adjudicated mentally insane by a court of law. In this case such person is without the civil right to contract and the agreement is null and void. It makes no difference how rational and sane the person appeared to the other contracting party and it makes no difference how fair the agreement was. Incidentally and curiously, the sane person is charged

with constructive notice of the adjudication of incompetency because it is public record. The second fact situation involves a person who is mentally incompetent and who enters into a contract with a sane person but who has never been adjudged incompetent by a court. What happens here? In order to avoid this contract, the incompetent person's representative must prove that the person was incompetent at the time of the contract and that the sane party either knew this or was negligent in not knowing it. We discussed in class how one goes about proving that the alleged incompetent was indeed incompetent at the time the contract was formed. Intoxicated persons are also able to avoid their contracts provided the intoxication affected their ability and capacity to form the contract in the first place. Modernly it makes no difference whether the intoxication is voluntary and knowing or involuntary. The old version of this law was that a person who knowingly intoxicated himself could not avoid his contract. That has obviously changed. Problem Cases

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Chapter 15: Illegality, pg. 119

A contract is illegal if it violates the letter of the law or the spirit of the law. If a statute (law) proscribes certain conduct and a contract bargains for the proscribed conduct, then the contract is illegal. However, a contract can also be ruled illegal if it violates public policy. Public policy involves that which affects public morals and welfare. In other words, a contract that bargains for activity that offends or negatively affects public morals and or welfare is illegal. Although this definition lacks precision, you should be able to get a feeling for the concept of illegality as you proceed through the text and cases in this chapter. This chapter contains several new vocabulary words and terms that you must know.

divisible tort

ordinary negligence gross negligence crime tortious conduct exculpatory clause hold harmless clause release of liability clause unconscionable procedural unconscionability substantive unconscionability regulatory license revenue raising license contract on its face pari delicto ancillary

A contract that on its face bargains for tortious or criminal conduct is illegal. A contract that on its face bargains for legal consideration but that would result in tortious or criminal wrongdoing is also illegal. Contracts that contain exculpatory clauses are closely scrutinized by the courts. Although exculpatory clauses are not illegal per se, they are not particularly favored. These clauses are often used by corporations and business people to shift the loss away from themselves in the event their negligent conduct results in injury to person, property or reputation. The prudent approach would be to have liability insurance, but to do this becomes very expensive and sometimes prohibitive after submitting one or more claims. Thus by drafting agreements that contain exculpatory clauses it is the hope of the person or entity using such clause that the prospective injured party will not ever bother to sue if injured. The following is an overview of what you should know about these clauses. No court will enforce an exculpatory clause that bargains for an agreement to not sue for injuries caused by gross negligence or intentional wrongdoing. No court will enforce an exculpatory clause that bargains for release for ordinary negligence if the conduct producing the harm involves gross negligence or intentional wrongdoing. In other words, to be enforceable, the clause must bargain for release for ordinary negligence and the conduct that produces the harm must not be more wrongful than ordinary negligence. An exculpatory clause that is used by a person or entity providing a service that affects the public interest is illegal. The legislature is simply unwilling to allow certain

categories of persons and or companies to lower their standard of performance under contracts and not pay the consequences for so doing (which is exactly what exculpatory clauses accomplish, if enforced). Doctors, lawyers, accountants, architects are a few of the examples of services that affect the public interest. From time to time we all need the service of one or more of these individuals and we would lose whatever trust and confidence we have for these providers if they were allowed to hide behind exculpatory clauses. Banks, common carriers (airlines, trains, public transportation) are additional examples of service providers who are not legally permitted to enforce exculpatory clauses when sued by persons injured as a result of negligence. The placement of the exculpatory clause (in the body of the contract) and the language used to exculpate seems to require a slightly different standard than other contract content. The courts realize that when agreeing to not sue for injuries and or damage caused by another's negligence, a very important right is being given up. Accordingly, the law requires that there be fairness in how and where these clauses are put into the contract. The language must be clear and unambiguous and the clause is required to appear in a relatively obvious location in the document (adjacent to where party agreeing to exculpate is to sign his or her name). Click here! Contracts containing covenants against competition are relatively common in the business world, but present the potential problem of illegality because the right to earn a living is such a basic and necessary one in our society. These covenants are found in two types of contracts, employment contracts and contracts for the sale of a business. The covenant (regardless of the type of contract) must be ancillary to the particular contract. A covenant against competition that is collateral to a contract of employment or one for the sale of a business is illegal. Ancillary means that the clause must be a part of a contract of employment (part of the bargained for consideration) or part of a contract for the sale of a business (part of the bargained for consideration) or it is illegal. If Employer hires employee and bargains for employee's promise to not perform after terminating the employment then the clause would be ancillary, If Seller sells his business to Buyer and promises to not compete against Buyer then the clause is ancillary. Contrast these examples to the following: X approaches Y who is operating a business in Santa Monica. X offers Y 1 million to close down his business and not to compete with anyone in the future in this type of business. This promise to not compete is NOT ancillary to an employment contract or one involving the sale of a business. X did not purchase Y's business. Courts look at three factors when assessing the legality of covenants against competition; Whether the covenant adversely affects members of the public; Whether the covenant is reasonable as to space and time; and whether the promisee has a

protectible interest. Spend time on this area because it can be somewhat tricky. The courts are concerned about unnecessarily depriving a person of the right to earn a living. The promisee of the covenant must prove that the geographical area protected was one wherein the promisee was doing business and that the time component was reasonable as well. The term of art used by the courts is that the covenant must be reasonable as to time and space. Assume that employee promises that he will not compete against promisee in "any of the five adjoining counties for a period of 2 years." If the promisee only performed business in three of the five adjoining counties, the covenant would be unreasonable as to space. If the seller promised to not compete for a period of "ten years and within a five mile radius" the court could well conclude that the buyer should not need ten years to establish a foothold in the area and that the seller is being deprived the right to earn a livelihood. Of course, these are questions of fact. In some instances, a covenant will have an adverse impact on members of the public even though it is reasonable as to time and space insofar as the promisee is concerned. If the covenant does adversely affect members of the public it will be ruled illegal. In one case an orthopedic surgeon promises to not practice orthopedic medicine for 2 years after leaving the clinic that hired him and within a radius of five miles. After he left the clinic it did not immediately hire a replacement. The nearest orthopedic physician was located a great distance away. The physician left the clinic and he immediately set up a practice about three miles from the clinic. The clinic sued to enforce the promise and the court ruled the covenant illegal. Regulatory vs. Revenue licenses present another potential issue of illegality in contract law. The government regulates who may enter certain areas of service and issues a license to those considered qualified. Schooling and passing an entrance level examination (state bar exam, exam for accountants, etc.) are two of the prerequisites to earning such a license. There is generally a background investigation that is conducted as well. A person who contracts to provide the type of service that requires a regulatory license must have one in order to enforce the contract. In fact, to perform such a service without the license is a crime! A revenue license or business license is one that is issued to a business for a particular calendar year. The purpose of a revenue license is to raise revenue for the community in which the business is being conducted. If a business is for some reason without a business license this will not make a contract between a patron and the business illegal. The contract is still enforceable. You might have a fact situation involving a doctor who has not paid his annual dues or a lawyer who has not paid his annual dues and is without a license for that particular year. This does not amount to not having a regulatory license. This amounts to not having a revenue raising license. The fees paid for annual licenses are used by the American Medical Association or the State Bar Association to pay the

expenses incurred in running the association. The doctor and the lawyer having graduated medical and law school and having passed their state boards earn the right to practice their respective professions and enforce contracts relating thereto. Remember that contracts that bargain for a person to influence a public official must not bargain for undue influence of the public official or be performed in a manner that involves the undue influence of the public official. Bribery would of course be an example of undue influence as would offering other favors not condoned by society. It is not illegal however to bargain for a person to attempt to persuade or dissuade a public official to vote one way or another. Another issue presented in this chapter pertains to the issue of contracts that are only partially illegal and whether the particular contract is divisible. If the contract is ruled divisible the illegal part will be declared unenforceable and the legal part will be enforced. This cannot happen, of course, if the underlying intent of the parties is eclipsed by the court enforcing only the legal part. What if the contract bargains for illegal activity and one of the parties, before the illegal activity occurs, seeks to rescind the contract? Will the court come to the assistance of a party who attempts this? Problem Cases

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Chapter 16: Writing, pg. 144

The Statute of Frauds (1), was passed because the courts were cynical about the honesty of the parties to contract lawsuits. The courts feared that the parties would commit perjury to prove their respective positions regarding the contract lawsuit. The Statute of Frauds was passed in 1677 to make it more difficult for a party to a contract lawsuit to lie and 'defraud' the court. The statute focused on the more important contracts of that time and it required sufficient written evidence of the particular contract. The written evidence had to be signed by the party refusing to perform the contract (the party to be charged). The existence of sufficient written evidence signed

by the party to be charged would make the testimony of the party who was attempting to prove the existence of a contract more believable and the testimony of the party trying to disprove the existence of a contract less believable. The statute is a law that pertains to evidence required to prove certain types of contracts. The statute makes any of the particular contracts unenforceable if there exists no written evidence or insufficient written evidence. The law in various states differs as to the effect of a violation of the statute. In some states, a contract that violates the statute is void. In other states, a contract that violates the statute is unenforceable only if the other party raises the issue in a timely fashion. If the contract does not fall under the Statute of Frauds it need not comply with it. Listed below are several phrases, all of which mean the same thing.

Contract Contract Contract Contract

is outside statute is not within the statute is not covered by the statute does not come under the statute

If the contract does fall under the Statute of Frauds it must comply with its requirements and the only way to satisfy the statute is by proving the existence of sufficient written evidence. Listed below are several phrases, all of which mean the same thing.

Contract Contract Contract Contract

falls under statute comes within statute comes under statute is covered by statute

Approach to Statute of Frauds Problems The defendant will be the party who raises the Statute of Frauds defense. The defendant will allege that the particular contract (which the plaintiff is suing to enforce) is unenforceable because it violates the statute. It will be the defendant's burden to prove that the contract does in fact come under the statute. If the defendant succeeds in proving this, the burden will shift to the plaintiff to prove that the contract satisfies the statute (there exists sufficient written evidence) or that the facts of the case permit the plaintiff to circumvent (get around) the statute. The plaintiff will be able to get around the statute by proving either; estoppel, a judicial admission or part performance. However, if the defendant fails to prove that the contract falls within the statute, then the case is treated just like any other contract lawsuit: the plaintiff will prevail if the evidence introduced proves that a contract was formed.

An acronym that may help you to remember the types of contracts covered by the statute is MY LEGS 1.MARRIA 2. YEAR&1 4. EXECUTOR'S 5. 6. 3. LAND GE DAY PROM GOODS SURETY K 1. A CONTRACT in consideration for the act of Marriage 2. A CONTRACT - per its terms - that is impossible to perform within one year and one day from date it is formed 3. A CONTRACT for the transfer of an interest in real estate (land); leases over a year; hypothecations 4. A CONTRACT wherein an executor promises to pay decedent's debt from his own funds 5. A CONTRACT for the sale of goods for over $500.00 6. A COLLATERAL CONTRACT (surety contract) containing a promise to answer for the debt of another

THE PART PERFORMANCE DOCTRINE

A CONTRACT in consideration for the act of Marriage A CONTRACT impossible to perform within 1 year + 1 day None

Full performance by one side

A CONTRACT for transfer of interest in Possession(with permission),part payment, real estate subimprovements A CONTRACT by executor to pay decedent's debts None

A CONTRACT for sale of goods for over Part payment;part delivery;commencement $500 of specially made prod.

A CONTRACT to pay debt or default of another(collateral

None

Summary Of Statute of Frauds Issues: The Statute of Frauds is a law that requires sufficient written evidence in order to be able to enforce certain types of contracts. Without sufficient written evidence the contract is unenforceable if the contract is covered by the statute. Proof of estoppel, a judicial admission or part performance will enable a party to get around the statute if there exists insufficient written evidence. The Parol Evidence Doctrine (PED) The PED is a law that limits parol evidence under certain circumstances. The PED does not apply to a contract lawsuit unless the parties to the alleged contract signed an all-inclusive merged (see synonyms below) written contract AND one of the parties is trying to introduce parole evidence (of written or oral discussion) that occurred before the written contract was signed or at the time (contemporaneous) the written contract was being signed. Moreover, the PED prohibits only the type of evidence that either contradicts, adds to or varies from the written contract. In spite of the existence of a merged written agreement, evidence will be admitted if it is introduced to:

prove lack of real consent or prove lack of recited consideration, or for the purpose of clearing up an ambiguity, or prove that the contract was not to take effect unless and until a particular condition was met

Below, I have set forth the synonyms for the type of written contract that will trigger the PED.

all inclusive written agreement merged written agreement wholly integrated written agreement completely integrated written agreement

How Will I Know Whether A Particular Written Contract is Completely Integrated?

If a written contract contains a merger clause (integration clause) then it is safe to assume that the parties intended it to be merged. If the contract does not contain a merger clause then it will become a question of fact as whether it is or is not merged. The more formal the written contract is, the greater the likelihood that it is merged. Pre-printed contracts of adhesion are merged. Problem Cases top

Chapter 17: Rights Of Third Parties, pg. 167

This chapter is about the rights of third parties relating to a contract that was formed between two other parties. The term privity of contract speaks to a direct contract relationship between contracting parties (offeror-offeree) and is a concept that we have been studying throughout the course of this semester. There are three theories that create rights in third parties: assignments, delegations and third party beneficiary contracts.(1) Your objective should be to learn how to recognize the difference between these three theories and, of course, be able to recognize one from the other. You will also be expected to learn the vocabulary terms (names given to the parties of each theory) related to each theory. An Assignment: Assignor, Assignee & Obligor A Delegation: Delegator, Delegatee & Obligee Third Party Beneficiary Contract: Promisor, Promisee, Third Party Beneficiary, Intended Beneficiary, Creditor Beneficiary, Donee Beneficiary, Mixed Beneficiary & An Incidental Beneficiary Points Of Importance Remember that a third party will realize no greater contract rights or burdens that those bargained for by the original parties to the contract. Also note that if there exist infirmities with the contract (it is unenforceable, voidable, etc.), the third party will be faced with the same infirmities. The concept at work is that the third party rights are derivative (derived from the underlying contract).

It is extremely important that you remain clear about the existence of both rights and duties in a contract and that rights are assigned and that duties are delegated! It is also important that you recognize that once obligated to perform a contract duty (or duties), the obligor must do so unless released by the obligee ( via a novation) or unless the duty is satisfactorily performed by a third party delegatee. Also consider that an assignment of rights has absolutely no bearing on the assignor's duty to perform. It is unaffected by the assignment! Assignments (1) occur as the result of a present transfer of an existing contract right. The assignor is the party transferring the right, the assignee is the person receiving the transferred right, and the obligor is the party to the original contract who always had the duty to perform the duty correlating to the assigned right. Thus if Seller contracted to make and deliver goods to Buyer and Buyer assigned the right to the goods to X, the seller would remain obligated to make and deliver the goods, but to X and not Buyer. The seller (obligor) had always been under the contract duty to make and deliver the goods! There are several requirements regarding assignments:

There must be a right in existence The assignor must outwardly demonstrate a present intent to transfer the right It must be legal to assign the right There must be no contract prohibition against assignment and if one does exist, it will be the burden of the assignee to prove it violates public policy The assignment must not cause a material variance in the contract by overburdening obligor The obligor or his agent must be notified by the assignor or assignee

Special Problems Re: Assignments: Consideration is not required between assignors and assignees In each assignment, the assignor impliedly warrants to the assignee that a valid assignable right actually exists and that the assignor has neither done anything to impair it nor will do anything to impair it. The effect of this law of warranty is that an assignee whose right is defeated (who cannot enforce the assignment against the obligor) has a valid claim against the assignor for breach of the implied warranty. For example, if A assigns his rights to B and then to C and then to D, only one of the assignees will be able to enforce the assignment against the obligor. The other two

assignees will be able to bring a lawsuit against A (the assignor) for breach of the implied warranty. After receiving notice of the assignment the obligor performs to the assignor instead of the assignee. Once an assignment has been made, the assignee steps into the shoes of the assignor and is the only one with the right. The assignor, by operation of law, becomes a trustee and has two choices: to return the consideration to the obligor or to pass the consideration on to the assignee. Failure to do one of these things would subject the assignor (now trustee) to a lawsuit by both the obligor and assignee. In the case of successive assignments there are two views regarding the assignees rights. You should know both; first to receive assignment is the one with the right; first to notify obligor is the one with the right! Delegations involve the transfer of a contract duty or contract duties. The transferor is the delegator and the transferee is the delegatee. The obligee is the party to the original contract who was owed the duty from the beginning. Thus if P agrees to build O a home and later attempts to delegate this obligation to X, the right to have the home built was originally and is still owed to O. O is therefore the obligee! Here are the issues that can surface when a delegation is attempted:

Was the duty a delegable one? Is the delegatee of a delegated duty refusing to perform it to the obligee? Is the obligee refusing to accept performance from the delegatee (who is ready and willing to perform)? Has the delegatee carelessly performed the duty, and if so, is the delegator liable to the obligee? Has there been the sale of a business wherein the seller has assigned all rights to the buyer who has not expressly assumed the seller's duties to third parties and the third parties are contending that the buyer must pay them or perform to them?

Your ability to correctly analyze the above possibilities is necessary in order for you to adequately understand the process known as delegation of duties! I have set forth the relevant considerations below.

Duties are delegable unless they create a risk or burden to the obigee A delegatee who refuses to perform can be successfully sued by the obligee if the obligee can prove that the delegatee

either expressly or impliedly promised to perform the duty ( this is known as an assumption of the delegated duty). If there was an assumption, it would result in an enforceable third party beneficiary contract in favor of the obligee. The delegator is also a promisee, the delegatee is also a promisor, and the original alga is now also an intended third party beneficiary. If the obligee is refusing to accept performance from the delegatee (who is willing to perform), the issue will be whether performance from the delegatee is not materially different than performance from the original obligor (the delegator). If the delegatee has negligently performed the delegated duty, the delegator will be liable in damages and can sue the delegatee to recover for the loss. This addresses the concept which recognizes that this type of transaction creates a third party beneficiary contract in favor of the creditors of the seller and is based on the theory that the bad passes with the good or that when all benefits to the seller have been assigned to buyer, it is only fair that all the burdens of the seller have also been transferred. The states that apply this theory (not all do) theorize that there has been both an implied delegation and an implied assumption!

Third Party Beneficiary Contracts Third party beneficiary contracts when formed result in a benefit to a third party or third parties. The benefited third party (beneficiary) may be able to successfully sue the promisor for breach of this type of contract, but only if able to prove that it was the intent of either the promisor or promisee to confer a benefit. If this is proven then the beneficiary has standing to sue and can recover for breach of said agreement. Those beneficiaries who are unintended have no standing to sue and are called incidental beneficiaries. (1) How can you determine whether a particular beneficiary is Intended or Incidental? Look at the wording of the contract to determine if the person or class of persons is mentioned If the contract was verbal, establish via discovery if it was the intent of either the promisee or promisor to confer a benefit to this party

Determine if the promisee was under a legal obligation to the beneficiary (if so, an inference can be drawn that the promisee intended to satisfy this obligation) Can the promisor and promisee rescind or modify their third party beneficiary contract? There can be no modification of third party beneficiary contracts once the rights of the particular beneficiary vest! There are different rules that pertain to this legal phenomenon and you should be familiar with all of them. What if the beneficiary is not specifically named in the contract but a class of persons (prisoners, motorists, accredited emergency room hospitals, physicians, etc.) are named? By proving that one is a member of an identifiable class, a person qualifies as an intended beneficiary and has standing to sue! Problem Cases top

Chapter 18: Performance & Remedies, pg. 184

There are many circumstances that can result in a discharge of a contractual obligation. When discharged from a contractual obligation the party no longer has any legal liability for not performing under the contract. Below is a list of the various circumstances that discharge a party from his or her contractual obligations. The list is lengthy. The trick to learning this chapter is in figuring out how and by whom the particular doctrine is raised. Death Commercial Frustration Material Alteration Insanity Impossibility (Illness) Anticipatory Breach Commercial Impracticability Rescission Failure of Conditions

Material Breach Supervening Illegality

Bankruptcy Accord & Satisfaction

Statute Of Limitations

I have listed, above, the circumstances that if proven will result in a discharge of contract obligations. You should be able to define each of the above examples and identify the primary or problem case(s) in which a particular example was relevant to the outcome of the case. I have highlighted two (2) of the above in red because I believe that they warrant more focus and concentration than the others. To recite the definitions for each of the above theories would be repetitious. The text provides ample definitions and explanations and so does the course outline. Moreover, class lecture also covered these theories in depth! What is a Breach Of Contract? A breach is a broken promise, and only if it is material in nature, can it affect a discharge of contract obligations. An immaterial breach of contract will not discharge obligations under the contract, but will entitle the victim of the breach to recover compensatory damages caused by the breach. The party who breached the agreement (in a minor way) will be entitled to recover under the contract less the money that is required to compensate the victim of the breach. If a party commits a material breach of contract, the non breaching party will be excused from performance under the contract and the party who breached will be relegated to the recovery of quantum meruit (reasonable value for any benefits conferred). How Can A Party Who Is Accused Of A Material Breach Prove Otherwise? The Doctrine Of Substantial Performance is what the party accused of a material breach will try to prove. This doctrine consists of several elements - each one of which must be proven - and will enable a party who can prove all of the elements to recover under the contract. It should be obvious to you that proving 'substantial performance' establishes that the breach was only minor. I feel it worthwhile to list below the elements of this doctrine because it is so essential to an understanding of this chapter! The breaching party acted in good faith (did not intentionally breach the contract) and conducted himself honestly

The task was complex and it would be unfair to deny recovery under the contract in spite of the breach A far greater percentage of the work was done correctly than that which was not The non breaching party can be adequately compensated in damages i.e. Builder and Home Owner enter into contract. Builder agrees to build according to plans and specifications and Owner promises to pay $150,000.00. Builder completes job and requests payment. Owner refuses to pay anything. Builder sues. Owner alleges that Builder breached the contract and that the breach was material and that as a result, he is discharged from the contract. Builder alleges that he substantially performed his obligations under the contract and is entitled to recover the $150,000.00 less any monetary loss caused by the minor breaches that occurred. If builder can prove the above elements of the Substantial Performance Doctrine, the builder will be able to recover under the contract less compensatory damages to Home Owner. If Builder is unable to prove all of the elements of the Substantial Performance Doctrine, then he will not be able to recover anything under the contract. He might be able to recover in quasi contract if he can prove that unjust enrichment would otherwise result. Failure Of Conditions (FOC) Contract promises are either absolute (I agree to buy your car for $10,000.00) or conditional (I agree to buy your car for $10,000.00 provided I am satisfied with the findings of my mechanic). A conditional promise does not ripen into a contract obligation unless and until the condition is met. In the above hypothetical - involving the car and the mechanic's findings - the buyer will not fall under any duty to buy the car unless and until he receives satisfactory findings from his mechanic. If the mechanic returns an unfavorable report and the buyer refuses to purchase the car, he will have a complete defense if sued for breach of contract by the seller. His defense will be Failure Of Conditions. How Do We Know If Contract Contains Conditional or Absolute Promises? The language used in the contract will tip you off. The type of language that spawns conditions is as follows: "on condition that", "provide", "only if", "subject to". "so long as", "if", etc. If this language appears in the agreement then the condition is an

express condition. If the contract is silent regarding conditions, the court can still conclude that there existed an implied condition because it is most logical under the circumstances. i.e. Home Seller agrees to sell her home to Buyer for $200,000.00. Buyer and Seller agree that Buyer will pay $20,000.00 down and that Seller will loan the balance to Buyer and that Buyer must repay loan in 15 years at an interest rate of 8% and provided Buyer is is promoted to Vice President of his company within the next 30 days. Assume that Buyer never receives the promotion and notifies Seller that he is not going through with the deal. If Seller sued for Breach of Contract the Buyer's defense would be FOC (failure of the express condition precedent that he be promoted with 30 days). Buyer would prevail. Express Condition of Personal Satisfaction (involving mechanical fitness) Express Condition of Personal Satisfaction (involving subjective taste) Implied Condition Precedent Express Condition of Timely Performance (Time Is Of The Essence) Above I have set forth the different types of conditions. You should be able to define these and certainly recognize them in the cases you study. You should also recognize that a condition can be waived by the party it was intended to protect, or it can be disregarded by the court (not enforced) if the court believes it would be unfair to apply it! Only the party who was intended to be protected by the condition can assert its failure to avoid the contract. However, it is this same party who can choose to waive the condition. I.e. In the above hypothetical (wherein Buyer promised to buy the car provided that his mechanic provided him with a satisfactory report), the Buyer upon receiving an unsatisfactory report could still choose to go ahead with the transaction and purchase the car. The Seller would not assert this FOC as an excuse for refusing to sell it. Exercise:

It might be helpful for you to consider the underlying hypotheticals with regard to the various available defenses to a breach of contract lawsuit. Assume A sues B for breach and contract and B asserts the defense of Commercial Frustration: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Material Alteration of the contract: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Supervening Illegality: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Impossibility (based on illness): What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Anticipatory Breach: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of an Accord & Satisfaction K: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Commercial Impracticability: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of a Rescission K: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Failure Of Conditions: What must B prove to prevail? Assume A sues B for breach and contract and B asserts the defense of Statute of Limitations: What must B prove to prevail? The Law Of Damages & Remedies In a lawsuit for breach of contract, the plaintiff will attempt to obtain monetary compensation for the direct loss caused by the defendant's breach. These damages are called compensatory damages. In some instances a plaintiff will also attempt to recover indirect loss caused by the breach. The plaintiff would seek consequential damages in this situation. The plaintiff's lawsuit may be an attempt to recover the damages that the parties stipulated to in advance. These are called liquidated damages. The lawsuit may involve an allegation by plaintiff that the defendant acted

fraudulently or in bad faith. Punitive damages would be the plaintiff's objective under these circumstances. In no situation would a plaintiff initiate a lawsuit to recover nominal damages. Nominal damages are what a court or trier of fact awards if the plaintiff proves the alleged breach of contract but fails to prove that it caused any monetary loss. The remedy of specific performance is what a plaintiff suing for breach of contract would seek if the remedy at law is inadequate! The remedy at law for monetary compensation is inadequate when the facts of the case are such that monetary compensation is inadequate. It is inadequate if the bargained for consideration is unique and cannot be obtained elsewhere and no damage amount can be established. A valuable painting, a home, a broken covenant against competition, would all be examples of circumstances that would require a court to order the remedy of specific performance (injunctive relief). When granting injunctive relief the court merely issues an order directing the party to stop engaging in certain conduct or to perform the contract promise. Examples would be: The Court issues the following order,"Defendant you are hereby ordered to stop competing against X forthwith. In your agreement with Seller you promised that you would not compete for 2 years and within a 3 mile radius. I am ordering you to honor that promise", or "Seller, this court is ordering you to transfer to Buyer forthwith the Van Gogh painting that was the subject of your contract." You and Buyer entered into a K for the sale and purchase of this particular piece of art and Buyer has no adequate remedy at law for monetary relief. So . . .fork it over." Mitigation of Damages: Remember that when suing for breach of contract and damages caused thereby, there must be proof (where relevant) that the plaintiff attempted in good faith to mitigate damages. Problem cases

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Tanzania Human Rights Jurisprudence

TANZANIA

Background Tanzania Legal System

Legal Structure
Constitution

The Tanzania (Tanganyika) Constitution The Zanzibar Constitution

The Articles of Union Tanzanian Constitutional Structure Tanzanian Constitutional Principles Sources of Law Constitution Acts of Parliament Customary laws Received Law Case laws- Jurisprudence Legislature (The Parliament) The Judiciary The Commission for Human Rights and Good Governance The Executive The President The Vice President The President of Zanzibar The Prime Minister Government Agencies Human Rights Non Governmental Organisations and Research Centres National Human Rights Institution Newspapers, Magazines, and Electronic Journals

International Inter-Governmental Organization Reports

International Non-Governmental Organization Reports Ratification of International Human Rights Treaties

Background
Location The United Republic of Tanzania is located in East Africa between longitude 290 which lies at Kigoma East of Greenwich and 410 which also lies at Mtwara 410 East of Greenwich. The Country lies between latitude 10 in Bukoba South of the Equator and 120 at Mtalika 120 South Equator. The Country borders the Indian Ocean in its whole of the eastern part and in the northern part Tanzania borders with the Republic of Kenya and Uganda. In the western part of the continent the country is bordering the Democratic Republic of the Congo, the Republic of Rwanda and the Republic of Burundi. In the southwest Tanzania is bordered with the Republic of Zambia and the Republic of Malawi while in the south the country borders Mozambique. Size Tanzania is the biggest country among the East African countries i.e. Kenya, Uganda and Tanzania covering an area of 945,000 km2, whereas the mainland alone has a total of 881,000km2 and a total of 2,000 km2 for the Island i.e. Zanzibar. Within its land surface a total of 62,000 km2 is covered by water and 3.350 km2 is covered by forest and woodland. Geographical features. The main geographical features found in Tanzania include the spectacular Great Rift Valley that runs from north east of Africa through central Tanzania covering areas around Lake Nyasa to Mozambique. Another branch lies in the north western part of the country covering areas around Lake Tanganyika, Lakes Rukwa, Nyasa, Kitangiri, Eyasi and Manyara alongside Burundi, Rwanda, Tanzania and western part of Uganda. Likewise, the main part of Lake Victoria (the world second largest fresh water lake) lies in the North Eastern part of Tanzania.

Other important features within Tanzania include the uplands. Most of the famous mountains such as the great mountain Kilimanjaro- snow-capped mountain, and

Meru are found in the northern part of the country bordering the Republic of Kenya. Other mountains include the Usambara, Pare, Kipengere, Udzungwa, Matogoro, Livingstone, and the Fipa plateau forming the southern highlands. The most fascinating is the Ngorongoro Crater and the Oldonyo Lengai found in northern highlands.

National Parks and Game Reserves As anyone can tell Tanzania is a home to the world famous National Parks and Game Reserves which include: the Serengeti, Ngorongoro Crater, Tarangire, Lake Manyara, Mikumi, Arusha, Ruaha, Saadani, and Udzungwa Mountains, National Parks. Others are Selous, Gombe Stream, and Mkomazi Game Reserve. Other Game Reserves include: Amani Nature Reserve, Kigosi, Lukwika-Lumesule, Maswa, Monduli Mountains, Msangesi and Ugala. This account makes a total of 12 National Parks, one Conservation Area, 13 Game reserves, 38 Game Controlled Areas and about 120 National Cultural Heritage Sites. As such, the Non-reserved forest-land covers an area of about 1,903.8 km2 whereas, forest/woodlands with national parks covers an area estimated at 200 km2 and Gazetted forest reserves covers a total of 1,251.7 km2. Natural Resources: Tanzania is among the endowed countries in terms of natural resources. As such, Tanzania has Minerals such as gold, diamonds, tanzanite and various other gemstones, natural gas, iron ore, coal, spring water, phosphates, soda ash and salt. There are large lakes which boost the fishing industry in the country. These lakes include: Victoria, Tanganyika and Nyasa. Apart from the lakes the whole of Tanzania in the eastern part is covered by the Indian Ocean. There are big fresh water rivers and wetlands such as the Ruvu, Pangani, Kilombero and Ruaha. These rivers have a potential production of fish. Similarly, these rivers produce natural fresh waters where as the total estimate is 730,000 metric tons annually, though the present catch is 350,000 metric tons. Climate: Tanzania is around the tropical areas a situation which makes it has a tropical type of climate. Thus, temperatures range between 100c and 200c during cold and hot seasons in the highlands respectively. However, the rest of the country has temperatures above 200c. November and February record the warmest and humid season (250c - 310c) while May and August record the coldest season (150c - 200c). Tanzania agricultural economy depends of rainfall which falls within the October to May next year. These are recorded as two rainfall regimes (unimodal and bimodal) which exist between December April and the other is the bimodal which exist

between October December. The unimodal is commonly referred to as Vuli while the bimodal is referred to as Masika which do mostly happen in March - May. Masika is common in southern, south-west, central and western parts of the country, while vuli is common in the north and northern coast. Administration: The capital city of Tanzania is Dodoma located some 306 km from Dar es Salaam. Dar es Salaam is the countrys commercial capital whose port (Other sea ports include Zanzibar, Tanga, and Mtwara) serves neighbouring land-locked countries of Malawi, Zambia, Burundi, Rwanda, and Uganda, as well as Eastern DRC. Other big urban centres next to Dar es Salaam include Mwanza situated in the lake Victoria zone, Arusha and Moshi along the Meru and Kilimanjaro mountain respectively. Others are Tanga in the north, Morogoro in the east; Mbeya and Iringa to the west. Tabora and Shinyanga are also important economic hubs in central Tanzania. The country has 26 administrative regions which include 21 regions in Tanzania mainland and 5region in Zanzibar. There are a total of 130 administrative districts where as 120 districts are found in Tanzania mainland while 10 of then are found in Zanzibar. History Tanganyika, now Tanzania mainland, gained its independence on 9th December 1961 from the British. The British administration administered Tanganyika as a protectorate after the end of the World War II under the United Nations Trusteeship until her independence in 1961. One year later she became a Republic and Mwalimu Julius Kambarage Nyerere became her first President.

Zanzibar gained her independent on 12th December 1963 from the British which administered her under Arab Sultanate as a protectorate. In January 12th, 1964 the Arab Sultanate regime of Zanzibar was overthrown by what is commonly known as a revolution and the Revolution Government of Zanzibar was formed and Sheikh Abeid Aman Karume became the first President of Zanzibar.

The United Republic of Tanzania came into existence on 26th April 1964 the Republic of Tanganyika and the Peoples Republic of Zanzibar being independent states formed a union. The two countries entered into a union after the two heads of state i.e. President Julius Kambarage Nyerere-the first President of Tanganyika and Sheikh Abeid Amani Karume signed an agreement (from what is referred today as articles of union) to form the United Republic of Tanganyika and Zanzibar. Combining the

first three letters from each country i.e. Tanganyika- Tan and Zanzibar-zan, a word Tanzania was formed and on 29th October 1967 the United Republic of Tanzania became the official name of the two States. Today, Zanzibar is made up of Unguja and Pemba Island. It is an autonomous state of the United Republic and maintains its original name while the name Tanganyika seems to have naturally died and replaced by Tanzania mainland.

Before and during independence time, the two countries were governed by the Tanganyika African National Union (TANU), and the Afro Shiraz Party (ASP) respectively. In 1977 the ruling party in Tanganyika-TANU and that of Zanzibar-ASP merged to form one political party and renamed it as Chama Cha Mapinduzi-CCM literally translated as the Revolutionary Party. CCM took political control under the one party regime until 1992 when the United Republic of Tanzania decided to adopt a multi-party democracy via the Eighth Constitutional Amendment. As from 1995 when the first multi party democratic elections took place, the country has continued successfully hold multi-party election for a five years term.

Legal Structure

The Legal System of Tanzania http://www.tanzania.go.tz/administrationf.html Tanzanians legal system is governed by the Common Law system since its introduction by the Tanganyika Order in Council of 1920. The system is however customized with some exceptions and modifications to suit the local circumstances. This system traces its historical background mostly from the British rule administration during colonial period. Being a British protectorate Tanzanias law (by then Tanganyika) was imported into Tanganyika via India by the British administration, where it had been long established. As such, the basic structure of the present legal system is influenced by the English legal system structure and it is much the same from when it was first introduced into the territory in the early 1920s. To date Tanzanians legal system remain fundamental an adversarial legal system. The Constitution of the United Republic of Tanzania 1977 provides in its preamble that Tanzania aims at building a democratic society founded on the principles of freedom, justice, fraternity and concord. This preamble requires the Executive to

be accountable to the people. In the same way, the legislature is supposed to be accountable to the people since it represents them. To ensure equality before the law the Judiciary is independent to dispense justice without fear or favour to anybody. As such, Article 4 of the Constitution of the United Republic of Tanzania, 1977, provides for three organs of the Government i.e. Parliament, the Executive and the Judiciary. Sources of Law Constitution Acts of Parliament Customary laws Case laws Law Reports (TLR, HCD, EALR, Commonwealth Reports) By-Laws/Subsidiary Legislation Orders/Circulars

Tanzanias sources of law are based on three main sources. These are; Constitution, Acts of Parliament/Local Law, Customary law and/or Religious law, Received Law, International Treaties and Conventions, By laws and/or Subsidiary Legislation and Orders/Circulars.

Constitution
http://www.tanzania.go.tz/constitution.html The Swahili and English Version of the Constitution of the United Republic of Tanzania

1. Constitution This is the fundamental law of the land. There are basically two Constitutions in the United Republic of Tanzania. There is the Tanzania Mainland Constitution referred to as the Constitution of the United Republic of Tanzania, 1977 as amended severally,

which includes issues of the union and the Constitution of Zanzibar which applies only to matters of Zanzibar issues. Before the present Constitution, Tanzania mainland had five constitutions while Zanzibar had three.

The Tanzania (Tanganyika) Constitution

The 1st Tanzania Constitution was referred to as Independence Constitution of 1961 through the Tanganyika (Constitution) Order in Council, 1961. This constitution was promulgated in England by the United Kingdom Parliament and directly imposed to Tanzania. It was characterized by a Westminster model with a sovereign parliamentary, multiparty democracy, a prime minister (Mwalimu Julius Kambarage Nyerere being the first Prime Minister) and the Governor General being the head of state representing Her Majesty the Queen of England.

The 2nd Constitution was referred to as the Republican Constitution of 1962. It started as a Government White Paper entitled Proposal of Tanganyika Government for a Republic. This proposal was discussed by the National Assembly and then a Constitution was made by a National Assembly converting into Constituency Assembly through an Act of Parliament. The Republican Constitution created an Executive President as Head of state, government, commander in chief of the army and a part of the parliament though not a member of the National Assembly.

The 3rd Constitution is the Constitution of the United Republic of Tanganyika and Zanzibar of 1964. Acting under authority conferred to him by the Articles of Union and through Government Notice No. 246 of May 1st 1964 the President of Tanzania modified the Republican Constitution of 1962 by issuing a Decree entitled The Interim Constitution Decree, 1964 to give birth of the Interim Constitution of the United Republic of Tanganyika and Zanzibar. This Constitution produced two governments. i.e. Tanganyika and Zanzibar.

The Articles of Union The Articles of Union provided the following matters;

There will be two Legislatures and two Executive, one for the Union and one for Zanzibar.

There will be two vice-presidents, one of whom shall be the person normally resident in Zanzibar who will be the chief assistant of the President to help him carry out his executive functions in Zanzibar. Zanzibar will be represented in the parliament of the United Republic. There will be the following 11 matters reserved for the parliament and the Executive of the United Republic: The Constitution and Government of the United Republic. External Affairs Defence. Police Emergency Powers Citizenship Immigration External Trade and Borrowing The Public Service of the United Republic Income Tax, Corporation Tax, Custom and Exercise Habours, Civil Aviation, Posts and Telegraph. The parliament and the Executive of the United Republic will have authority over these 11 matters in both parts of the Union and also in all matters in Tanganyika while the Government of Zanzibar will have authority in all nonunion matters in Zanzibar The President of the United Republic in agreement with the Vice-President who is the head of executive in Zanzibar will:o Appoint a Commission to make proposals for a Constitution of the United Republic o Summon a Constituent Assembly composed of Representatives from Tanganyika and from Zanzibar in such numbers they may determine to meet within one year of the commencement of the union to consider the proposals of the Commission and adopt a Constitution of the United Republic. During the interim period before the appointment of the Commission and Constituent Assembly, the Constitution of the United Republic will be the Constitution of the Republic of Tanganyika modified to accommodate the union. The first President of the United Republic will be Mwalimu Julius Nyerere and the first Vice-President will be Sheikh Abeid Aman Karume.

The 4th Constitution was also an Interim Constitution of 1965 giving party supremacy. Through the report of a commission appointed by President Nyerere, the Union Parliament enacted an Act which declared an Interim Constitution of Tanzania and stipulated for a one political party in Tanzania and Zanzibar. As such, Tanganyika African National Union and Afro-Shirazi Party became the sole parties dominated the supremacy of the Interim Constitution of Tanzania for Tanzania Mainland and Zanzibar respectively.

The 5th Constitution is the Constitution of the United Republic of Tanzania of 1977. This is the Union Constitution following a merger of two political parties ruled Tanzania and Zanzibar to unite and form one political party styled as Chama Cha Mapinduzi on February, 1977. Although the process involved in the formation of this Constitution has been criticized it is regarded as the permanent constitution of Tanzania to date. In short, on the 16th March, 1977 through a Government Notice No. 38 of 25/ 3/ 1977, the president appointed a Constitutional Commission of twenty people; i.e. ten people from Tanzania Mainland and ten from Zanzibar to prepare a Constitution proposal. At the same time, through Government Notice No. 39 of 25/3/1977 the president appointed representatives of the Constituency Assembly to discuss the proposal drafted by the Commission. On 25th April 1977 the Constituency Assembly discussed and passed the proposal to march the Union Constitution of 1977.

Since 1977 the Union Constitution has been amended thirteen times. Some of the Major Amendments include; the Fifth Amendment of 1984 where the Constitution was amended to incorporate the provisions of the Bill of Rights. In 1992 through the Eighth Amendment the Constitution was amended to pave way for Multi-party system in Tanzania, followed by another major Amendment in 1995. This was the Eleventh Amendment to the Constitution where by the election of a Vice-President was declared to be through a running mate and thus the President of Zanzibar be a member of the Union Cabinet. Four essential amendments took place in the thirteenth Amendment. These were, i) procedure on declaration of presidential elections results to be determined by highest number of votes to replace the previous practice of majority votes. ii) Thirty percent of seats in the National Assembly to reserved for women. iii) Declaration of Independence and exclusive powers of the Judiciary into the Constitution. iv) Inclusion of the provisions establishing the Commission for Human Rights and Good Governance into the Constitution.

Zanzibar Constitution

The history of the Constitution of Zanzibar starts from Independence Constitution of 1963. This was the Constitution characterized by monarchy leadership with the Sultan being the head of state and few executive powers exercised on advice of the cabinet. However, this Constitution was overthrown by the Zanzibar Revolutionary of 1964 and replaced by a Constitutional Decree passed by the Revolutionary Council. That is to say, Zanzibar did not have a permanent Constitution from 1964 to 1979 when the Revolutionary Council passed the first democratic Constitution of 1979 under Aboud Jumbe, the then President of Zanzibar. The 1979 Constitution

created a legislative body called the House of Representatives followed by first national election after Revolutionary.

In 1984 Zanzibar concluded a constitutional debate which started in 1983 and promulgated of a second/third Constitution of 1984. This democratic Constitution made it mandatory for the House of Representatives to be directly elected from constituencies and included the provisions of the Bill of Rights into it. To date this constitution has undergone major eight Amendments. For example, major features of the Eighth Constitutional Amendment which took place in 2002 included provisions for the separation of powers, human rights formation of NGOs, Independence of the office of the Director of Prosecution and the right of any person to protect the constitution through court process.

Tanzanian Constitutional Structure

Bill of Rights Provided under Chapter one, part three, Articles 12 to 32 of the Union Constitution

The Executive Provided under Chapter two, parts one to three, Articles 33 to 61 of the Union Constitution for the Union Government and Chapter 4 part one Article 102 to 105 for the Zanzibar Government.

The Parliament Provided under Chapter three, part one to three, Articles 62 to 101 of the Union Constitution for the National Assembly-Tanzania and Chapter 4 part one, Articles 106 to107 for the House of Representative in Zanzibar

The Judiciary Provided under Chapter 5, parts one to three Articles 107A to 113A of the Union Constitution for the Tanzanian Judiciary and part four, Articles 114 and 115 for the Zanzibar Judiciary. Part 5 to 6, Articles 116 to 124 of the same Chapter provides for the Court of Appeal (Supreme Court) of Tanzania. Part 7, Articles 125 to 128 provides for a Special Constitutional Court. This is the special court to adjudicate issues involving any dispute of the constitution within the union of Tanganyika and Zanzibar.

The Commission for Human Rights and Good Governance This is provided under Chapter 6 part one, Articles 129 to 131 of the Union Constitution. The Commission came into force via the 13th Amendment of the Union Constitution in 2000.

Others From Chapters 7 to 10 the Union constitution contains provision to regulate revenue issues, powers of the local governments, and the National Army.

Tanzanian Constitutional Principles

Sovereignty of the people Sovereignty of Tanzania constitution is vested to the people; thus the state and its organs drive their power from the people. This power is provided under Article 8 sub article (1) paragraph (a) of the Union Constitution of 1977 as amended severally and Article 9 sub article (2) paragraph (a) of the Zanzibar Constitution, 1984. The Articles provides;

Union Constitution of 1977 as amended severally;

8 (i) The United Republic of Tanzania is a Country which follows the principle of democracy and social justice, therefore-

(a) Sovereignty resides in the people and it is from the people that the Government through this Constitution shall derive all its power and authority

The Zanzibar Constitution of 1984 9(1) Zanzibar shall be a country of democracy and social justice. (2) Now therefore it is hereby solemnly declared:(a) The authority of running the affairs of the country belongs to the citizen and the power and authority of the government is derived from the citizen themselves through this constitution. Supremacy of the Constitution

Supremacy of the Constitution The Union Constitution is the supreme law of the land in all union matters and the Zanzibar constitution is supreme to all Zanzibar affairs; thus all state organs and the laws enacted should be in accordance with the provisions of these constitutions since they are the basis of laws of the land. This power is provided for under Article 64 sub article 5 of the Union Constitution and Article 4 of the Zanzibar Constitution.

Separation of Powers The doctrine of separation of powers is reflected under Article 4 of the Union Constitution. This article stipulates three organs of the state which are the Legislature, the Executive and the Judiciary. All legislative functions are performed by the Parliament and the adjudicative functions are performed by the judiciary while the Executive is left with the function of enforcement of the laws. As such, the Union government is in charge to enforce laws on the union and the Zanzibar government is responsible of Zanzibar affairs which are non-union matters. The Presidents of Tanzania and of Zanzibar are the heads of the Executive for Union Government and that of Zanzibar respectively.

Representative Parliament Tanzania follows a multiparty democracy. Therefore those who vie to represent people in the parliament for the law making and unmaking process are elected by

the people through their political parties. This is done through regular elections which take place within five years term. Those who come victorious represent the people in the legislature- the National Assembly for Tanzania and the House of Representative for Zanzibar. As such, Tanzania has in place members of parliament elected direct from constituencies, elected through affirmative actions, members elected from special groups, and those appointed by the president through the powers vested to him/her by the Union Constitution. This principle is reflected under Articles 76 through 83 of the Union Constitution and Articleof the Zanzibar Constitution.

Independency of the Judiciary From Tanzanian constitutional history, the union Constitution provided for independency of the judiciary under preambles. As from the 13th Amendment of the Union Constitution the doctrine of Independency of the judiciary is reflected under Article 107A. The article provides clearly that The authority to dispense justice in the United Republic is vested in the judiciary and the Judiciary of Zanzibar, and therefore no other organ of the Government or Parliament or the House of Representatives of Zanzibar shall have the final say in the dispensing of justice. Article 107B provides further thatIn exercising its authority to dispense justice, all courts shall be independent and shall be bound only by the Constitution and the law of the land. To ensure independence of the judiciary the judicial personnel are appointed by the Judicial Service Commission while judges and justice of appeal are appointed by the President after consultation from the Chief Justice. Their appointment, both judges and magistrates is protected by their security of tenure. Thus, they cannot be removed or shifted (without their consent) in office for making decision which do not please the appointing body. They-judges receive their remuneration from the Consolidated Fund budget allocation which is not subject to discussion in the Parliament.

Rule of Law Making a reflection to the Union Constitution it is quite obvious that the doctrine of the Rule of Law is reflected in this document. This is evident from the fact that the laws and rules are made by a representative body duly authorized from the people. These laws authorize the political and public power to exercise any function in the country. At the high level most of the laws and rules are just. The laws which appear to be unjust are identified through various means such as appointment of an ad hoc commission (Nyalali Commission is an example) or through the Law Reform Commission. After scrutiny consultation, the laws which appear to be unjust are

repealed and replaced by new laws. As it stands the law treats all Tanzanian as equal before the law and the laws which appear to be violative and contrary to principles of human rights are declared unconstitutional through petition or repealed through a normal process in the parliament.

Respect for Human Rights This is reflected under part three which appears from article 12 through 32 of the Union Constitution. This part is commonly referred to as the Bill of Rights provisions. It came visible into the constitution through a fifth amendment of the Union Constitution in 1984 and became effective in 1988. These articles provide for duties and right of Tanzanian citizen and thus when these rights are violated by an Act of Parliament any individual, group or organization can challenge the Act or provisions of an Act at the Human Rights Court. He/she can do so by following the procedures raid for under the Duties Enforcement Act, of 1994.

2. Domestic Legislation
Substantive legislation and Subsidiary Legislation

i) Principle Legislations enacted by Parliament/ Ordinances ii) Delegated/Subsidiary Legislation (By law, Rules, Regulations), Orders and Directives

(a) Acts of Parliament/Local Laws These are sets of written law or statutory laws passed by the parliament of Tanzania since independence in 1961 and sets of laws passed by the colonial legislative council. All sets laws are subject to the basic law of the land which is the Constitution of the United Republic of Tanzania of 1977 as amended severally. Apart from Acts there are other written laws passed through delegated powers and commonly referred to as subsidiary, subordinate or delegated legislation.

(i) Statutory Law

These are laws passed by local legislature and are called Acts to refer to laws passed by the local legislature as from the period of independence in 1961 and those passed by colonial legislative council are called Ordinances. However, as of 2002, through an Act of Parliament, The Laws Revisions Act of 1994 Chapter Four of the laws of Tanzania [R.E. 2002,] all legislations previously known as Ordinances, (laws enacted before independence i.e. laws enacted by colonial administrationOrders in Council, commonly referred to as Ordinances) are now legally recognized as Acts. Presently, all Tanzanian laws, including Ordinances are referred to as Acts and have been codified together in Chapters making it a common reference of Chapters or abbreviated as Cap. The principal legislations and subsidiary legislations thereto, are published in the Government Gazette and printed by the Tanzania Government Printers. Therefore anyone can order for statutes through the Government Publication Agency.

At present, one can secure the Laws of Tanzania- Revised Edition of 2002 including sets of supplementary legislation, and subsidiary legislations from Law Africa Publishers at sales@lawafrica.com.

(ii) Delegated/Subsidiary Legislation (By law, Rules, Regulations), Orders and Directives

(3) Customary and/or Religious Laws Customary and/or religious law is another of law that makes another authority to Tanzanian sources of law. Customary law and Islamic law is established under section 9 of the Judicature and Application of Laws Act, Chapter 358 of the Laws of Tanzania [R.E. 2002] (JALA).These are sets of rules developed through customs, practices and/or usages of Tanzanian ethnic tribes and they are accepted by Tanzanian as binding rules. The customs were accepted by the colonial regime thus accepted to be applicable in native courts to native parties. At independence these rules continued to be binding and were made part of the laws of Tanzania in all courts having exclusive application at the primary courts. The application of customary laws is only limited to; i) civil cases particularly on issues of marriage, succession, inheritance, land and family relations. ii) Customary law applies only to members of the community concerned. iii) Customary law applies only when there is no written law, does not conflict with statutory law and as of todays conception, to circumstances which are not repugnant to principles of human rights. To date

customary laws include: codified customary laws, Islamic laws and other religious laws.

(i) Codified customary laws or Statutory Laws These are sets of rules codified under the procedure set forth in the Judicature and Application of Laws Ordinance. They include a few of rules on the laws of person, rules of inheritance in some tribes, and rules on wills. They are commonly found in the Local Customary Law (Declaration) Order (Numbers one to eight), 1963.

(ii) Islamic Laws These are few sets of law which apply to Moslems inhabiting in Tanzania but they are not applied in its whole fashion as it is in Islamic legal system countries. It is application falls under the Judicature and Applications of Laws Act, Chapter 358 of the Laws of Tanzania [R.E. 2002] (JALA). As such, it empowers courts to apply Islamic law to matters of succession in communities and parties that generally follow Islamic law in matters of personal status and inheritance.

Driving their sources from the Quaran, the Sunna of the Prophet, Ijma (the consensus of the orthodox community) and the qiyas (the method of analogy), the decisions of courts impose lenience application as compared to strict Islamic rules. The local legislature and a mixture of customs have contributed to its modification and application. However, before independence a double tier system of courts allowed its application in Tanganyika where by the liwali courts applied Islamic law and secular courts applied other civil and customary laws. By 1963 one system was adopted to merge the two. In Zanzibar however, a double tier system still exists where by Islamic courts known as Kadhi co-exists with secular courts. In Mainland Tanzania, the common issues decided under these laws are those under the Law of Marriage Act, Chapter 29 R.E. 2002; THE Administration (Small Estate) Ordinance, Chapter 30 R.L; the Restatement of Islamic Laws Acts, Act No. 57 of 1964; the Magistrates Courts Act, Chapter 11 R.E. 2002 and the Waqf Commission Ordinance, Chapter 326 R.L

(iii) Personal and Other Religious Laws

Much as the application of Islamic law is in place and enjoy application in Tanzania courts through Section 9(1) of the Judicature and Application of Law Ordinance of 1961. The courts, particularly the Primary courts and High Court of Tanzania have been liberal to apply other rules from personal and other religion in dispensing justice where written laws do not provide for solution.

(4) Received Law Received law is applicable in Tanzania only when there is no local written law to address the matter at issue and when local circumstances permits. Received Law is established under Section 2.3 of The Judicature and Application Laws Act, Chapter 358 of the Laws of Tanzania [R.E. 2002] (JALA). Judges may make reference to received law with such necessary modifications to suit local circumstances. The sets of received law are common law, doctrine of equity and statutes of general application in force in England on 22nd July, 1920.

Common Law

These are the body of law developed through judgments of the English courts which made reference to the customs and usage of the English people and then interpreted in courts. By preservation of courts, they remain applicable (when there is no local law or rule) and persuasive laws in Tanzania through the doctrine of precedents.

Doctrine of Equity

These are the body of law developed in England through decision of Kings Courts, common referred to as the Lord Chancellor Courts, which were developed by judges appointed by the King to sit in Kings court to make decisions on appeals by people aggrieved by decisions of England courts. Since the King was referred to as the fountain of justice he was not bound by common law rules or decision. Thus, he dispensed justice according to conscience and fairness. Later, the King appointed judges who were referred to as Lord Chancellor to adjudicate on his behalf and hence developed what is called today, as the doctrine of equity. Just as the principle of common law, the doctrine of equity remain persuasive and precedents when local circumstances do not provide for an answer.

Statutes of General Application

These are sets of legislation passed by the parliament of England to apply in England but were of general nature that they would apply in other territories. However, only part of the legislations which were in force in England on the 22 nd July 1920 (commonly referred to as the reception date) was received to apply in Tanzania.

(5) Case Law/Court Decisions This is yet another important source of law in Tanzania. These are cases arising from the decision of the High Court and Court of Appeal. They are either reported cases or unreported. Therefore they form the basic precedents of Tanzanian laws and bind lower courts thereto. Reported cases in Tanzania can be found in a number of Law Reports. Between 1957and 1977 cases reported from the High Court of Tanzania and the East African Court of Appeal appeared in East Africa Law Reports.

Law Africa, a law report private publishing company has updated the reports for cases from the three East African jurisdictions, of Kenya, Uganda and Tanzania up to 2007. Current editions of the law reports can be bought from Law Africa Publishers, email sales@lawafrica.com.

Their corporate headquarters address is: Law Africa Publishing (K) Ltd, Coop Trust Plaza, 1st Floor, Lower Hill Road, P.O. Box 4260-00100, GPO, Nairobi, Kenya

The Tanzania Law Reports between 1983 and 1997 can be bought online from saletz@lawafrica.com.

The main sources of Tanzanian court decisions are found in the following documents.

The High Court Digest (HCD)The digests are the collection of cases decision before..;

The Tanganyika Law Reports (TLR) This is the collection of cases decided by the High Courts and Court of Appeal (Supreme Court) of Tanzania from ..; Unreported Cases of the High Court and Court of Appeal The East African Court of Appeal (EACA) This is a collection of cases decided by the then East Africa Court Appeal which was dissolved by the disintegration of the then East Africa Community. Since the East African Community has been revived, we expect to get other reports from this court. iv) Others

The All England Reports, King Bench, Queens Bench,

(6)

International Law (Treaties and Conventions)

International Law is another source of law in Tanzania. This comprises of the Treaties and Conventions signed and then ratified by the Parliament. However, International Treaties and Convention are not self-executing. Once signed, they are subjected to ratification process which involves the National Assembly and the President. Once ratified, they become enforceable in the courts of laws. Thus, when ratified, they become part and parcel of the Act of Parliament and can apply the conventions and treaties to which Tanzania is a party in the Courts in Tanzania.

Legislature (The Parliament) http://www.parliament.go.tz/bunge/bunge.asp http://www.tanzania.go.tz/administrationf.html

Parliament of Tanzania (Bunge) http://www.parliament.go.tz/bunge/bunge.asp http://www.parliament.go.tz/gallery/

Composition According to the Requirement of the Union Constitution, the Legislature or the Parliament of the United Republic of Tanzania consists two parts, i.e. the President who is also the head of the Executive and the National Assembly which consist members of parliament elected from constituencies, special seats under the affirmative action approach, members appointed by the President and the Attorney General. The President does not sit in the National Assembly in the law making process but he/she exercises authority vested in him by the constitution to assent the law to complete the enactment process. Members of Parliament The National Assembly consists of four categories of Members of Parliament, namely:

members elected directly to represent constituencies; Five members elected by the House of Representatives from among its members; the Attorney General; members (up to ten members) nominated by the President; and

women members whose number may increase from 20 per cent (the 2005 General Election recorded a 30 per cent of women members elected from this category) of members being not less than fifteen percent of the members of all other categories on the basis of proportional representation among those parties in the Parliament. Womens representation is provided as a special category under the Constitution to increase women participation in national politics. With the approval of the President, the actual percentage of women members is declared by the National Electoral Commission which also supervises the National Election. Administration

The National Assembly is administered under two types of leadership:- These are the Leaders from the Parliamentary Sessions and from 2 Camps of Members of Parliament. The Parliamentary Sessions are under the leadership of the Speaker of the National Assembly who is also the head of the Parliament. The Speaker is assisted by the Deputy Speaker, 2 Chairpersons and the Clerk to the National Assembly who is the head of the Secretariat of the National Assembly. To ensure better discharge of the legislative functions, the National Assembly has various Standing Committees which are classified according to priority and needy of the country. The second Leadership is from the Camps of the Members of Parliament. These are:- The Leader of Government Business in the National Assembly who is normally the Prime Minister. The Prime Minister is assisted by the Chief Government Whip; and the second is Leader of Opposition in the National Assembly elected from an opposition party with majority representation in the National Assembly. He/she is assisted by the Chief Opposition Whip.

Function and Legislative Powers The main function of the National Assembly is to make and unmake laws. The National Assembly makes laws through a law proposal called a bill. A bill will become a law when it is assented by the president. Bill proposals can be proposed by either Member of Parliament (private bill) or by the Government (official bill). However, in Tanzania practice bills have been commonly prepared by Government. Once a bill is passed by the National Assembly it is sent to the Union President for his assent. When the president gives his assent to the bill it becomes a law and once it is published in the official Government Gazette it has a force of law.

When the President declines to give his assent to the bill he/she will give his/her reasons for refusal and the bill will be returned to the National Assembly. The National Assembly will re-discuss the bill and resent it to the President. However, the same bill cannot be resent to the President within six months of his refusal. If the same is resent to the President within six months it must be supported by twothirds of the Member of Parliament. The President will either assent to the bill resent to him or dissolve the parliament and call for new general elections.

The National Assembly also discusses and ratifies International Conventions signed by the President before they become full and binding legislation because under the constitutional structure, international instruments are not self executing. Accordingly, the National Assembly remains the principal organ of the United Republic of Tanzania in the law making process. As such, the organ exercises its authority for the people of Tanzania under the principle of representation. The Organ has all powers to oversee and advise the Government of the United Republic and all its organs in the discharge of their functions. Limitations of Legislative Powers According to the Union Constitutional of 1977 the Parliament must follow the procedures stipulated by the Constitution and cannot make laws and apply it to Zanzibar if the law addresses issues which are not union matters. Likewise, when the Parliament enacts a law which is contrary to certain or whole provisions of the Constitution, that law will be subject to nullification by the courts when petitioned against. Lastly, the Parliament can amend provisions of the Union Constitution but it cannot go to the extent of changing essential features and basic structure of the Constitution. Life Span of Parliament The Union Constitution provides for a five years life span of the Parliament and then calls for another General Elections. Immediately, within seven days after official declaration of the results of the General Election the President is supposed to call the first meeting of the National Assembly. This time will run for five years up to the period when the President will dissolve it and call for another General Elections. Dissolution of Parliament The Union President may dissolve the Parliament when;

the live span of the Parliament has expired or within its twelve months for the purpose of calling new elections. the National Assembly has refused to pass the governments budget. the two third majority of its members of the National Assembly resends the bill to the President and the President uses a dissolution alternative instead of assenting to the bill. the President finds that appointment of the new Prime Minister will serve nothing upon refusal of the National Assembly to endorse and important policy of the Government. the President finds that the existing Government has lost legitimacy in the National Assembly and due to the balance of seats in the National Assembly it will not be easy for the President to form a new government.

Human Rights Legislations and Other Legal Sources http://www.parliament.go.tz/bunge/PAMS_LS.asp The Constitution of the United Republic of Tanzania, 1977 as Amended Severally The Commission for Human Rights and Good Governance Act, 2001 Basic Rights and Duties Enforcement Act, 1994 (Act No. 33 of 1994 Legal Aid (Criminal Proceeding) Act, 1969 (Act No. 21 of 1969)

Constitutional Legislation http://www.parliament.go.tz/bunge/PAMS_LS.asp Constitution of Tanganyika, 1961 (Chapter 8 of the Revised Laws of Tanzania Mainland) Constitution of Tanganyika, 1962 (Act No. 1 of 1962; Chapter 499 of the Revised Laws of Tanzania Mainland) Union of Tanganyika and Zanzibar Act, 1964 (Act No.22 of 1964-Chapter 557 of the Revised Laws of Tanzania Mainland) United Republic (Declaration of Name) Act, 1964 (Act no. 61 of 1964- Chapter 573 of the Revised Laws of Tanzania Mainland) Constituent Assembly Act, 1965 (Act No. 49 of 1965 Interim Constitution of Tanzania, 1965 (Act No. 43 of 1965- Chapter 596 of the Revised laws of Tanzania Mainland) Interim Constitution of Tanzania (Amendment) Act, 1975, Act No. 15 of 1975 Constitution of the United Republic of Tanzania, 1977 as amended severally Constitution (Consequential, Transitional and Temporary Provisions) Act, 1984 (Act No. 16 of 1984) Constitution (Fifth Amendment) Act, 1984 (Act No.15 of 1984) Constitution (Eighth Amendment) Act, 1992 (Act No. 4 of 1992)

Constitution (Ninth Amendment) Act, 1992 (Act No. 20 of 1992) Constitution (Tenth Amendment) Act, 1993 (Act No. 7 of 1993) Constitution (Eleventh Amendment) Act, 1994 (Act No. 34 of 1994) Constitution (Twelfth Amendment) Act Constitution (Thirteenth Amendment) Act, 2000 (Act No. 3 of 2000

Constitutional Basic Rights Enforcement Law http://www.parliament.go.tz/bunge/PAMS_LS.asp Basic Rights and Duties Enforcement Act, 1994 (Act No. 33 of 1994) The Civil Procedure Code, 1966 (Act No. 16 of 1989, Chapter.of the Revised Laws of Tanzania)

Civil Practice Law http://www.parliament.go.tz/bunge/PAMS_LS.asp The Civil Procedure Code, 1966 (Act No. 16 of 1989, Chapter.of the Revised Laws of Tanzania) The Appellate Jurisdiction Act, 1979 (Act No. 15 of 1979) The Magistrates Courts Act, 1984, (Act No 2 of 1984) Government Proceedings Act, 1967 (Act No. 16 of 1967) Government Proceedings (Amendment) Act, 1974 (Act No. 40 of 1974) Government Proceedings (Amendment) Act, 1994 (Act No. 30 of 1994 Industrial Court Act, 1990 (Act No. 3 of 1990) Industrial Court (Amendment) Act, 1992 (Act No. 2 of 1992) Interpretation of General Clauses Act, 1972, (Act No. 30 of 1972) Judicature and Application of Laws Ordinance, 1961 (Act No. 57 of 1961- Chapter 453 of the Revised Laws of Tanzania Mainland)

The Law of Limitation Act, 1971 (Act No. 10 of 1971) The Court of Appeal Rules, 1979 (Government Notice No. 74 of 1979)

Criminal Practice Law http://www.parliament.go.tz/bunge/PAMS_LS.asp The Criminal Procedure Act, 1985 (Act No. 9 of 1985) Evidence Act, 1967 (Act No. 1 of 1986) Evidence (Amendment) Act, 1980 (Act No. 19 of 1980) Extradition Act, 1965 (Act No. 6 of 1967) The Magistrates Courts Act, 1984, (Act No 2 of 1984) The Penal Code, 1945 (Chapter 16 of the Revised Laws of Tanzania Mainland) The Law of Limitation Act, 1971 (Act No. 10 of 1971) The Minimum Sentences Act, 1972 (Act No. 1 of 1972) Resettlement of Offenders Act, 1969 (Act no. 8 of 1969)

Judicial Review Practice http://www.parliament.go.tz/bunge/PAMS_LS.asp The Civil Procedure Code, 1966 (Act No. 16 of 1989, Chapter.of the Revised Laws of Tanzania) The Criminal Procedure Act, 1985 (Act No. 9 of 1985) Law Reform (Fatal Accidents and Miscellaneous Provision) Ordinance, 1955 (Chapter 360 of the Revised Laws of Tanzania mainland) Law Reform (Fatal Accidents and Miscellaneous Provision) Ordinance (Amendment) Act, 1968 (Act No. 55 of 1968) Law Reform (Fatal Accidents and Miscellaneous Provision) Ordinance (Amendment) Act, 1991 (Act No. 27 of 1991)

The Law of Limitation Act, 1971 (Act No. 10 of 1971)

Penal Law http://www.parliament.go.tz/bunge/PAMS_LS.asp Corporal Punishment Ordinance, 1930 (Chapter 17 of the Revised Laws of Tanzania Mainland) Dangerous Drugs Ordinance, (Chapter 95 of the Revised Laws of Tanzania Mainland) Economic and Organised Crime Control Act, 1984 (Act No. 13 of 1984) Economic and Organised Crime Control (Amendment) Act, 1984 (Act No. 12 of 1987) Economic Sabotage (Special Provision) Act, 1983 (Act No. 9 of 1983) Emergency Powers Act, 1986 (Act No. 1 of 1986) The Penal Code, 1945 (Chapter 16 of the Revised Laws of Tanzania Mainland) The Parole Board Act, 1994 (Act No. 25 of 1994) The Prevention of Corruption Act, 1971 (Act No. 16 of 1971) Preventive Detention Act, 1962 (Chapter 490 of the Revised Laws of Tanzania Mainland) Preventive Detention (Amendment) Act, 1985 (Act No. 2 of 1985) The Prisons Act, 1967 (Act No. 34 of 1967) The Proceeds of Crime Act, 1991 (Act No. 25 of 1991) Stock Theft ordinance, 1960 (Chapter 344 of the Revised Laws of Tanzania Mainland) Witchcraft Ordinance, 1928 (Chapter 18 of the Revised Laws of Tanzania Mainland)

Private Practice Law http://www.parliament.go.tz/bunge/PAMS_LS.asp Advocates Ordinance, 1954 Chapter 341 of the Revised Laws of Tanzania Mainland) Notaries Public and commissioners for Oath Act, 1964 (Chapter 12 of the Revised Laws Tanzania Mainland) Tanganyika Law Society Ordinance, 19.

The Judiciary
The Judiciary of Tanzania is another arm of the state. It consist three major organs which are: the Court of Appeal of the United Republic of Tanzania. This is the supreme court of the land over the whole of the United Republic of Tanzania. The second is the High Courts for Mainland Tanzania with jurisdiction for the Tanzania mainland and The High Court for Tanzania Island with jurisdiction over Zanzibar. The third organ is the Judicial Service Commission for Tanzania Mainland. The Judicial Service Commission for Tanzania Mainland consists of: the Chief Justice of the Court of Appeal of Tanzania (Chairman); the Justice of the Court of Appeal of Tanzania; the Principal Judge of the High Court; and two members appointed by the President. Judicial Administration and Court System of Tanzania i) Judicial Administration Structure The Judiciary in Tanzania is headed by the Chief Justice, with the Registrar of the Court of Appeal as the Chief Executive Officer. The Principal Judge (JK) assisted by the Registrar of the High Court, is in charge of the Administration of the High court and the Courts subordinate thereto. The High Court has exclusive original jurisdiction for all matters in Tanzania Mainland and is divided into Zones, which are administered by Judges in Charge with the assistance of District Registrars. At Regional and District levels, the administration is under Resident and District Magistrate in Charge. District Magistrates in Charge also do supervise Primary Courts in their respective districts. The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar. The Zanzibar court system is similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. Islamic courts in Zanzibar adjudicate

Muslim family cases such as divorces, child custody and inheritance. All other appeals from the High Court of Zanzibar go to the Court of Appeal of Tanzania Therefore, the Judiciary in Tanzania has four tiers which are; The Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania with its divisions and High Court in Tanzania Zanzibar, Magistrates Courts, which are divided into two levels according to the Magistrates Courts Act, 1984, i.e. the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction. Primary Courts are the lowest in the Tanzania judicial hierarchy. ii) The Legal System a) The Legal System of Zanzibar The Constitution of the United Republic of Tanzania makes clear that the High Court and the Attorney Generals Chamber of Zanzibar are not the Union matter. The High Court of Zanzibar is established by Article 114 of the Constitution of Tanzania. Thus, the High Court of Zanzibar and the office of the Attorney Generals Chambers are the organs of the Revolutionary Government of Zanzibar. The Attorney Generals Chambers are part of the portfolio of the Minister of State in the Chief Ministers Office. The structure of the Zanzibar legal system is as follows;

Court of Appeal High Court Magistrate Court Primary Courts Kadhis Court Kadhis Appeal Courts

The High Court of Zanzibar This is the highest court as far as Zanzibar laws are concerned. The Court is established by Article 114 of Chapter 5, Part III of the Constitution of the United Republic of Tanzania. It enjoys its powers concurrently with the High Court of Tanzania Mainland provided the law enacted by the parliament is applicable to both Tanzania Mainland and Zanzibar.

Magistrates Court These Courts have jurisdiction to entertain cases of different nature i.e. civil and criminal cases except that, they have no jurisdiction over cases of Islamic law.

Kadhis Appeal Court These are the appellate courts of Kadhis Courts. They hear and determine appeals, review or revision from Kadhis courts on Islamic law.

Kadhis Courts These are the lowest courts in Zanzibar which adjudicates all Islamic family matters to Muslim families such as divorce, distribution of matrimonial assets, custody of children and inheritance.

Primary Courts These are the lowest courts in Zanzibar judicial hierarchical and stand at the same rank with the Kadhis Courts and they have jurisdiction over criminal and civil cases of customary nature.

b) The Court System of Tanzania Mainland

Court of Appeal

The Specialized Divisions - High Court of Tanzania -- The High Court of Zanzibar

Resident Magistrates Courts

District Courts

Primary Courts

Court of Appeal of Tanzania The Court of Appeal Tanzania is the Supreme Court of the land and handles all matters from the High Court of Tanzania Mainland and Tanzania Zanzibar. It is a creature of the Constitution of the United Republic of Tanzania established under Article 117 of Chapter 5, Part IV of the Constitution. Therefore it is an Appellate, Review and Reversionary Court empowered to hear and determine every matter brought before it in either of the above ways arising from judgments or other decisions of the High Court or of Resident Magistrates with extended jurisdiction. In its power to review and revise the court can upheld decisions, dismiss, direct or order for a retrial. In doing, so the court can make reference to its earlier decisions as precedents. As such the Court can follow, distinguish, quash or amend some earlier decisions. It consists of the Chief Justice and other Justices of Appeal. It is not a court of first instance.

The High Courts of Tanzania Mainland The High Court of Tanzania Mainland was established by the Judicature and Application of the Law Ordinance, No. 7 of 1920. It was then adopted by the Constitution of the United Republic of Tanzania, 1977 under Article 107 of Chapter 5, Part I of the Constitution and it has unlimited original jurisdiction to entertain all types of cases. It is the court of first instance in cases of murder, treason and armed robbery and an appellate court in all cases from Districts and Magistrates courts. The High Courts exercise original jurisdiction on matters of a constitutional nature and have powers to entertain election petitions. The High Court also has Admiralty jurisdiction, to make orders and to hear and determine claims, proceedings and other matters as conferred by the Merchant Shipping Act, No.43 of 1967. The High Courts Main Registry, (which includes the sub-Registries) caters for all civil and criminal matters. The High Court (mainland Tanzania) has established 10 sub Registries in different zone of the country. It also has two specialized divisions, the Commercial Division and the Land Division. All appeals from subordinate courts go to the High Court of Tanzania.

High Court Divisions a) Special Constitutional Court This is a Special Constitutional Court dedicated for matters concerning the United Republic of Tanzania. It is established by Article 125 of Chapter 5 Part VI of the Constitution of the United Republic of Tanzania. As it stands, it is an ad hoc division of the High Court. Through its inception, this court has not convened to hear or determine in any capacity any constitutional matter concerning the union. The sole function of the Special Constitutional Court is to hear and provide conciliatory decision over a matter referred to it on the interpretation of the Constitution of the United Republic of Tanzania when such interpretation or its application is in dispute between the two Governments forming the United Republic of Tanzania. These are; the government of Tanzania mainland and the Revolutionary Government of Zanzibar. These Court provides no right to appeal in case of dissatisfaction of ether party. Therefore, conciliatory decision(s) given by this court constitutes a final and conclusive decision. No right of appeal to any forum.

b) Constitutional Court The Constitutional Court came via a fifth constitutional amendment in 1984 which incorporated the provisions of the Bill of Rights. The Bill of Rights came into force in 1988 and in implementation of the Bill of Rights provisions, the Constitutional Court came into force in 1994 through an enactment of the Basic Rights and Duties Enforcement Act, No.7 of 1994. This avenue allows any person who alleges contravention, of the basic rights provided under Article 12 through 29 of the

Constitution of the United Republic of Tanzania to bring his or her complaint to apply to the Constitutional Court for redress. The Court is properly composed when it has a quorum of 3 Judges of the High Court. However, in applications to determine the merits of the case or applications for leave to file a complaint, this court is presided by a single Judge of the High Court.

c) High Court Land Division Due to economic value of land to the citizen and other land users, the High Court of Tanzania, Land Division was proclaimed by the Land Act, No.4 of 1999 to give fast and effective adjudication of land cases. The High Court Land Division was established by The High Court Registries (Amendment) Rules under Government Notice Number 131 of 2002. The court has jurisdiction in all land matters for immovable properties whose value exceeds fifty million Tanzanian Shillings or where the subject matter is capable of being estimated at a money value exceeding forty million Tanzanian Shillings.

This is the court of first instance in land matters of the value above fifty million Tanzanian Shillings and it is an appellate court for matters originating from the District Land and Housing Tribunals. The court has power to conform, reverse, amend or vary in any manner, the decision or order appealed against. It is a court of records in land matters.

d) High Court Commercial Division This court the court established to deal with all matters of commercial nature to expedite commercial transactions. It is established by Section 5A of the High Court Registries Rules, Government Notice. No 141 of 1999. It is an optional court for cases of commercial nature because the litigant is not bound to file the case under the ordinary High Court. As such, a litigant filing his/her commercial disputes expects to receive special and fast hearing process. The Commercial Court of the High Court can review or revise the decisions of other subordinate courts and may also review its own decisions.

Tribunals with the Status of the High Court

a) Industrial Court of Tanzania This Court is established by Section 16 of the Industrial Court of Tanzania Act No. 41 of 1967 as amended severally. The court is empowered to hear and determine any trade disputes referred to it under the provisions of this Act and to report the same to the Minister. The court also adjudicates all disputes referred to it by the Labour Commissioner. The court specifically adjudicates labour disputes involving employees of the managerial level. The court also has jurisdiction to industrial trade disputes involving a large number of employees challenging their employers move to either summarily dismissal orders or termination of their employment through retrenchment or redundancy orders.

b) Tax Revenue Appeals Tribunal The Tax Revenue Appeals Tribunal is established by Section 8 of The Tax Revenue Appeals, Act No. 15 of 2000. The Tribunal has an exclusive jurisdiction in all appeals arising from the decision of the Tax Revenue Appeal Board on disputes on which original jurisdiction is conferred on the Board, and may also revise any decision thereof.

c) Loan and Advances Realization Trust Tribunal - LART This is a Tribunal which is established by section 4 of the Loans and Advances Realization Trust Act, No. 6 of 1991. The Tribunal has exclusive jurisdiction to hear and determine all matters arising relating to any public non-performing asset transferred to the Trust under this Act. The rules of procedure applicable to the High Court of Tanzania in relation to civil proceedings, apply with slight modifications to the Tribunal.

3. The Resident Magistrates Courts / Districts Courts The Resident Magistrates Courts and the District Courts are established under Section 4 and 5 of the Magistrates Courts Act, No. 2 of 1984. They enjoy concurrent jurisdiction where as the Magistrate Courts are found at the Regional (province) level while the District Courts are found throughout the district of Tanzania. These Courts have original jurisdiction in matters which the Primary courts lack jurisdiction. They also have appellate, supervisory and revisional powers over decisions or proceedings of the Primary Courts.

Tribunals of District Court Status

a) Tax Revenue Appeal Board The Tax Revenue Appeal Boards are established by Section 4 of the Tax Revenue Appeals Act, No 15 of 2000. The boards were established to expedite tax claims administered by the Tax Revenue Authority. Individual dissatisfied with the decision of tax administration officers may lodge their appeal to this board. They have an exclusive original jurisdiction in all proceedings of a civil nature in respect of disputes from revenue laws administered by the Tanzania Revenue Authority.

b) The District Land and Housing Tribunal The District Land and Housing Tribunal is established under Section 22 of the Land Disputes Courts Act, No. 2 of 2002 in respect of section 167 of the Land Act, No.4 of 1999 which provides for the establishment of the tribunal. The Tribunal exercises original jurisdiction in all proceedings relating to land as conferred to it by the written laws provided the value of the property does not exceed 50 million Tanzanian Shillings or where the subject matter is capable of being estimated at a money value not to exceed 40 million Tanzanian Shillings. The Tribunal is empowered to execute its own orders and decrees. Structurally, the District Land and Housing Tribunals are supposed to be available throughout the Districts of Tanzania.

c) The Labour Conciliation Board This is the board established under Section 11 of the Security of Employment Act, No.62 of 1964. The Minister of Labour is empowered by this Act to establish the board through an order published in the gazette. As such, the Minister may establish through out Tanzania such number of Conciliation Boards as he may consider necessary. Where a reference is made to this Board, the Board may decide whether the summary dismissal, proposed summary dismissal or deductions from wages having regard to the circumstances of the breach of the disciplinary code is justified, the Board is empowered to confirm or reverse the imposition of disciplinary penalties and may order the refund to the employee of any deduction or may authorize the imposition of lesser disciplinary penalty.

d) Primary Courts The Primary Courts are established by Section 3 of the Magistrates Courts Act, No. 2 of 1984. They are the lowest courts in the hierarchy of the Tanzania court system

and do exercise jurisdiction within their respective Districts where are established. The Primary Courts have original jurisdiction in all proceedings of a civil nature where the law applicable is customary law and Islamic law. They also have jurisdiction in matrimonial proceedings relating to civil and Christian marriages or any other proceedings in respect of which jurisdiction is conferred on a primary court by the Magistrates Court Act No.2 of 1984 or any other law. The Primary Court Magistrate sits with lay assessors (normally lay persons) to hear cases in minor civil and criminal offences.

Other Tribunals

a) Military Tribunals for the Armed forces These are tribunals established under the Defence Forces Act. The Military Courts try cases to the member of the military forces only. A party to the military tribunal who feels dissatisfied with any decision of the Tribunals may refer the same to the High Court for judicial review

b) Ward Tribunal The Ward Tribunals are established under Section 3 of the Ward Tribunals Act, No.7 of 1985. The ward tribunal are available throughout the ward of Tanzania, with the primary function of securing peace and harmony in the area for which it is established by mediating and endeavoring to obtain just and amicable settlement of disputes. The Tribunal has and exercises jurisdiction in relation to all matters and disputes arising under all laws and directives passed by the appropriate authority. The Tribunal also has jurisdiction to enquire into and determine disputes relating to the offences and civil dispute specified in the Act and may impose penalties to the extent specified therein. According to the Village Land Act, 1999 and the Land Act of 1999, the Ward Tribunal may exercise original and appellate jurisdiction on land disputes. They exercise an appellate jurisdiction on disputes referred to it from Village Land Council.

c) Marriage Conciliation Boards Section 102 of the Law of Marriage Act, No. 5 of 1971, provides for the establishment of Marriage Conciliation Boards in every ward. This is an advisory and conciliation board to matrimonial disputes, the board serves as a pre-requisite condition before filing for a petition for a decree of separation or divorce.

Court judgments See Law Reports of Tanzania

Human Rights Judgments See some selected human rights judgments. Others may be accessed through the Law Reports of Tanzania

Constitutional Judgments See some selected constitutional judgments. Others may be accessed through the Law Reports of Tanzania

Legal Education
The legal career may start by direct enrollment at Universities with law faculties. Students who complete their advanced secondary education successfully with good grades are eligible for a law degree enrollment. Degrees offered at the University are; a Degree in law (LL.B), Postgraduate Diploma in Law (PGDL), Masters of law (LL.M), Degree of Doctor of Philosophy (PhD) and Doctor of Laws (LL.D), which is the highest doctorate to be awarded. Persons discontinued with secondary education may start their legal career a Certificate in Law followed by a Diploma in Law before they join universities for their first degree.

Universities which offer Law Degree, Diploma and Certificate in Law; The following are Universities which offer courses in law;

University of Dar es Salaam, Mzumbe University, Open University, Tumaini University, Ruaha University under St. Augustine Morogoro Muslim University

Institutes which offer diploma in law are;

Mzumbe University, Lushoto Institute of Judicial Administration.

Certificate in Law courses are offered at institutions such as;

the Police College and, Other accredited institutes.

Enrollment for Practice as an Advocate Before applying for enrollment as an advocate a candidate must hold an LL.B is supposed to attend an internship for a period not less than six months and another six months of Pupilage at a recognized law firm or any other practicing legal entity. Application for enrollment is done through a petition to the Chief Justice and a successful applicant is supposed to sit for a Bar exam which is held three times a year.

The Bar exam is conducted through oral interview by a panel of the Council for Legal Education. The panel is composed of representatives of the Chief Justice of the United Republic of Tanzania, the Attorney General of the United Republic, the Dean of Faculty of Law from the University of Dar Es Salaam, and two other senior representatives from the Tangayika Law Society. A successful candidate is enrolled into the Rolls of Advocates as and can practice law as Advocate of the High Court of Tanzania and other sub-ordinate Courts save for Primary Courts. He or she is enrolled by the Chief Justice of the United Republic of Tanzania at an enrollment ceremony which takes place twice a year i.e. mid June and December.

An advocate enrolled under the Advocates Act, Chapter 341 of the Laws of Tanzania [R.E.2002] will be given a yearly renewable practicing certificate by the Chief Justice. He or she is subject to the disciplinary rules and etiquette prescribed under the Act and in any case of breach of the said rules, may face disciplinary measures under the Ethics Committee of the Law Society and the Advocates Disciplinary Committee established under the Advocates Act CAP 341. Upon enrollment he or she will be automatically listed as a member of the Tanganyika Law Society established by the Tanganyika Law Society Act, Chapter 307 of the Laws of Tanzania [R.E 2002]. He is also obliged to pay annual subscription fees of the society.

The Tanganyika Law Society is manned by the Chairman who is elected by Advocates Annual General Meeting held annually and is assisted by the Secretariat General. Any inquiries as to the practice of law in Tanzania may be addressed to the Executive Secretary, Tanganyika Law Society; email; info@tanganyikalawsociety.or.tz

Tanzania Human Rights Institution The Commission for Human Rights and Good Governance
http://www.chragg.org/

The Commission for Human Rights and Good Governance (CHRAGG) is one of the Constitutional creatures serving as an independent government department; The Commission is a creature of the Constitution established under Article 129(1) of the Constitution of the United Republic of Tanzania of 1977 as amended by Act No. 3 of 2000 vide the 13th Constitutional Amendment to the 1977 Constitution of the United Republic of Tanzania. CHRAGG came into force on the 1st July 2001 following the enactment and publication of the Commission the Human Rights and Good Governance Act No7 of 2001 as amended by Act No 16 of 2001 into Government Notice No. 311 of 8th June 2001. It was officially inaugurated in March 2002. The Commissions primary responsibility is to promote and protect human rights and duties as well as good governance.

It is served by commissioner who are appointed by the President of the United Republic of Tanzania.

The functions of the CHRGG are stipulated in Article 130 (1) of the Union Constitution as well as in section 6(1) of its founding legislation. Accordingly, the main core function of the Commission is to promote, protect and preserve human rights and duties of the citizens to the society. In other words, the Commission has four main functions, namely, the protective, promotive, advisory and mediatory/conciliatory functions. All in all, of great significance to this regard is its mediation and conciliation mandate. According to section 28(4) of the founding legislation, the CHRGG can resolve any complaint or rectify an act or omission emanating from a violation of any fundamental right or acts of mal-administration by mediation, conciliation or negotiation. When the Commission is involved in mediation or conciliation it is acting in a quasi-judicial capacity. The quasi-adjudicatory function of the Commission is particularly in relation to carrying out public hearings or enquiries. Mediation is a means to an end. It seeks to reconcile people. That is why the Commission has a role to play in conflict resolution by way of mediation, conciliation and adjudication, apart from investigating complaints and conducting enquiries into violations of human rights and contravention of principles of good governance.

In discharging its quasi-adjudicatory function the CHRGG is governed by both rules of procedure, evidence and its own set of Regulations- The Commission for Human Rights and Good Governance (Complaints Procedures) Regulations, 2003 that have been made under the founding legislation, though, for the sake of fairness and flexibility, it is not bound by the former.

The Executive Branch

http://www.tanzania.go.tz/qlinksf.html for quick links

http://www.tanzania.go.tz/alevel2006f.html Advanced level exam results http://www.tanzania.go.tz/censusdb/index.html Census database http://www.tanzania.go.tz/ppu/index.html Population

The Executive http://www.tanzania.go.tz/administrationf.html http://www.tanzania.go.tz/utawala.html http://www.tanzania.go.tz/ for Swahili and

government website English.

The Executive of the United Republic comprises of the President, The VicePresident, President of Zanzibar, the Prime Minister and Cabinet Ministers. President The President of the United Republic is the Head of State, the Head of Government; and the Commander-in-Chief of the Armed Forces. The Executive of the United Republic comprises the President, the Vice-President, President of Zanzibar, the Prime Minister and the Cabinet Ministers. He is the Leader of the Executive of the United Republic of Tanzania. Visit also http://www.tanzania.go.tz/pressreleasef.html for government press releases

President Jakaya M Kikwete became the current President of the United Republic on the 21st December of 2005 after a historic victory, winning 80.3% of the total votes. Visit http://www.tanzania.go.tz/presidentialibraryf.html for Presidential library

Vice President The Vice President is elected as a running mate to the President. He/she is the principal assistant to the President in respect of all matters in the United Republic generally and in particular is responsible for assisting the President in: i. making a follow-up on the day-to day implementation of Union Matters;

ii. iii.

performing all duties assigned to him by the President; and performing all duties and functions of the office of the President when the President is out of office or out of the country.

Dr. Omar Ali Juma became the first Vice president under multi-party system who was preceded by Dr. Ali Mohammed Shein after the demise of the latter in July 2005. Dr Shein served as Vice-President since 5th July 2001 under Mkapa regime prior to the 2005 General Elections. The Prime Minister http://www.pmo.go.tz/sjnews/index2.php The Prime Minister of the United Republic is the Leader of Government Business in the National Assembly and has authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the United Republic of Tanzania. This power is conferred for under Article 52 of the Constitution of the United Republic of Tanzania of 1977. The article also confers power to the premier to control activities of sectroral Ministries. He/she also performs any matter or matters that the President directs to be done.

With assignment of the Ministerial responsibilities through Government Notice No.1 of January 2006, the Prime Minister is also responsible for the following sectors and sub-sectors:

Regional Administration and Local Government through the Minister of State Government Press Disaster Preparedness and coordination of management of civic contingencies (relief) Capital transfer and development, facilitation and implementation of Plans for the development of Dodoma as the Capital of Tanzania, coordination and supervision of the transfer programme National Festival and Celebrations.

The President of Zanzibar The President of Zanzibar is a Head of the Executive for Zanzibar; Head of the Revolutionary Government of Zanzibar and the Chairman of the Zanzibar Revolutionary Council.

The Cabinet

The Cabinet

Portfolio Name President and Commander -in- Chief of the H.E Jakaya Mrisho Kikwete Armed Forces of the United Republic of Tanzania Vice - President H.E Dr. Ali Mohamed Shein President of Zanzibar H.E Amani Abeid Amani Karume Prime Minister of the United Republic of Tanzania Rt.Hon. Edward Ngoyai Lowassa Ministers of State in the President's Office Public Service Management Hon. Hawa Abdulrahman Ghasia Good Governance Hon. Philip Sangka Marmo Political Affairs and Civil Societies Relations Hon. Kingunge Ngombale Mwiru Ministers of State in the Vice President's Office Union Affairs Hon. Dr. Hussein Ali Mwinyi Environment Hon. Prof. Mark James Mwandosya Ministers of State in the Prime Minister's Office Regional Administration and Local Government Hon. Mizengo Kayanza Peter Pinda Parliamentary Affairs Hon. Dr. Batilda Salha Burian Minister for Foreign Affairs and International Co- Hon. Bernard Kamillius Membe operation Minister for East African Co-operation Hon. Dr. Ibrahim Said Msabaha Minister for Finance Hon. Zakia Hamdani Meghji Minister for Planning, Economy and Empowerment Hon. Dr. Juma Alifa Ngasongwa Minister for Industry, Trade and Marketing Hon. Basil Pesambili Mramba Minister for Agriculture, Food Security and CoHon. Stephen Masatu Wassira operatives Minister for Natural Resources and Tourism Hon. Prof. Jumanne Abdallah Maghembe Minister for Water Hon. Dr. Shukuru Jumanne Kawambwa Minister for Energy and Minerals Hon. Nazir Mustafa Karamagi Minister for Infrastructure Development Hon. Andrew John Chenge Minister for Health and Social Welfare Hon. Prof. David Homeli Mwakyusa Minister for Education and Vocational Training Hon. Margareth Simwanza Sitta Minister for Higher Education, Science and Hon. Prof. Peter Mahmoud Msolla Technology Minister for Labour, Employment and Youth Hon. Capt. John Zefania Chiligati Development Minister for Lands, Housing and Human Ho. John Pombe Joseph Magufuli Settlements Development Minister for Information, Culture, and Sports Hon. Muhammed Seif Khatib Minister for Defence and National Service Hon. Prof. Juma Athumani Kapuya Minister for Public Safety and Security Hon. Harith Bakari Mwapachu . Minister for Home Affairs Hon. Joseph James Mungai Minister for Justice and Constitutional Affairs Hon. Dr. Mary Michael Nagu Minister for Community Development, Gender and Hon. Sofia Mnyambi Simba

Children Minister for Livestock Development

Hon. Anthony Mwandu Diallo

Deputy Ministers and Their Respective Ministries

Prime Ministers Office Disaster and HIV/AIDS Hon. Dr. Luka Jelas Siyame Regional Administration and Local Hon. Celina Ompeshi Kombani Government Foreign Affairs and International Co-operation Hon. Seif Ali Iddi Hon . Dr. Cyril August Chami East African Co-operation Hon. Dr. Diodorus Buberwa Kamala Finance Hon. Abdisalaam Issa Khatib Hon. Mustafa Haidi Mkulo Planning, Economy and Empowerment Hon. Gaudence Kayombo Industry, Trade and Marketing Hon. Hezekiah Ndahani Chibulunje Agriculture, Food Security and Co-operatives Hon. Christopher Kajoro Chizza Dr. David Mathayo David Energy and Minerals Hon. William Ngeleje Infrastructure Development Hon. Dr. Maua Abeid Daftari Hon. Dr. Milton Makongoro Mahanga Hon. Dr. Aisha Omar Kigoda Hon. Mwantumu Bakari Mahiza

Health and Social Welfare Education and Vocational Training

Hon. Ludovick John Mwananzila Higher Education, Science and Technology Hon. Gaudensia Mugosi Kabaka Labour, Employment, and Youth Development Hon . Jeremia Solomon Sumari Lands, Housing and Human Settlements Development Community Development, Gender and Children Public Safety and Security Home Affairs Livestock Development Natural Resources and Tourism Information, Culture and Sports Hon. Dr. Emmanuel John Nchimbi

Hon.Rita Louise Mlaki Hon. Salome Joseph Mbatia Hon. Hon. Hon. Hon. Mohamed Aboud Lawrence Kego Masha Dr. Charles Ogessa Mlingwa Zabein Muhaji Mhita Hon. Daniel Nicodem Nsanzungwako Hon. Joel Nkaya Bendera

Justice and Constitutional Affairs Defence and National Service

Hon. Mathias Meinrad Chikawe Hon. Omar Yussuf Mzee

http://www.tanzania.go.tz/administrationf.html or http://www.tanzania.go.tz/government/cabinet.htm The Cabinet of the United Republic comprises the Executive, Prime Minister, Union Ministers appointed from amongst members of the National Assembly and Attorney General. It is the principal organ for advising the President regarding all matters concerning the exercise of his powers and assists and advises the Presidents over any matters, which is submitted to the Cabinet pursuant to specific or general directions issued by the President. The President presides over the Cabinet meetings and in the event the President is absent, the Vice-President presides over; and if both the President and the Vice-President are absent, the Prime Minister presides over the meetings. The Government executes its functions through Ministries led by Cabinet Ministers. Each Ministry has a sector portfolio through Presidential Instruments

The Current Ministries

Government Structure
All matters of state in the United Republic are exercised and controlled by the Government of the United Republic of Tanzania and the Revolutionary Government of Zanzibar. The Government of The United Republic of Tanzania has authority over all Union matters in the United Republic, as stipulated under the Constitution, and it also runs all non union matters on Mainland Tanzania, i.e. the territory formerly known as Tanganyika. Non-union matters are all those which do not appear in the Schedule to the Constitution which stipulates the list of Union matters. Visit; http://www.tanzania.go.tz/guidelinesf.html for Government Plans

The Revolutionary Government of Zanzibar, similarly, has authority on Tanzania Zanzibar, i.e. the territory composed of the islands of Unguja and Pemba, over all matters, which are not Union Matters. In this respect the Revolutionary Government of Zanzibar has a separate Executive, legislature, known as the House of Representatives.

Public Administration
http://www.tanzania.go.tz/administrationf.html

Apart from state organs controlled by the Government of the United Republic of Tanzania and the Revolutionary Government of Zanzibar there are Local Government Authorities which assist the central government. Local Government Authorities exist for the purpose of consolidating and giving more power to the people to competently participate in the planning and implementing developmental programmes within their respective areas. They are classified into two categories. These are; Urban authorities which are responsible for the administration and development of urban areas. Urban areas include townships, municipalities and Cities of Dar es Salaam, Mwanza and Arusha. The second category is the Rural Authorities referred to as the District Councils. Local Government Authorities discharge administrative functions of law, order, economy and developmental planning in their respective areas. Local Government Authority is exercised through Regional and District Commissioners

Government Agencies

The Electoral Commission http://www.nec.go.tz/

The National Electoral Commission (NEC) is an independent and autonomous government institution. The Commission discharges its functions in accordance with the provisions of the Constitution. It is not be obliged to comply with orders or directions of any person or any Government department or the views of any political party. As such, no courts of law have power to inquire into anything done by this Commission in the discharge of its functions. It was established in 1993 under Article 74(1) of the Constitution of the United Republic of Tanzania, 1977. The Commission was established to supervise, co-ordinate and put in place appropriate procedures for the conduct of elections under multi-party system. It is responsible for public elections at the Presidential, Parliamentary and councilor level. This followed an enactment of the Political Parties Act, (No. 5 of 1992) and amendment of existed legislations such as the Elections Act, (No.1 of 1985), the Local Authorities (Elections) Act, (No. 4 of 1979) and related legislations to get rid of the one party system. The Electoral Commission is responsible for the following roles; (a) to supervise and co-ordinate the registration of voters in Presidential and Parliamentary elections in the United Republic of Tanzania; (b) to supervise and co-ordinate the conduct of the Presidential and Parliamentary elections in the United Republic of Tanzania; (c) to review the boundaries and demarcate the United Republic into various constituencies for the purposes of Parliamentary elections; (d) to supervise and co-ordinate the registration of voters and the conduct of the Elections of Councilors; (e) to declare elected special seats for women members of Parliament and Councilors; enacted by Parliament. (f) to provide voter education in Tanzania and co-ordinate and supervise persons who conduct such education. (g) to perform any other functions in accordance with a law enacted by Parliament. In collaboration with the Political Parties, the Commission is also responsible for preparation of an Election Code of Conduct. The Code outlines the dos and donts in the campaign process by the Government, Political Parties and the Commission.

The National Electoral Commission consists of:- A Chairman whose qualification is equal to a Judge of the High Court or the Court of Appeal of Tanzania or a lawyer who qualifies to be an advocate and he/she has been with such qualifications for not less than 15 years. The Chairman is assisted by a Vice Chairman who has similar qualifications. Other members include a member appointed from amongst the members of the Tanganyika Law Society; Four other members who are persons possessing either adequate experience in the conduct or supervision of Parliamentary elections or such other qualifications as the President of the United Republic of Tanzania considers necessary for or pre-requisite to, the effective discharge of the functions of the Commission. Lastly, there is a Director of Elections who is appointed by the President of the United Republic of Zanzibar according to Article 74(7) of the Constitution of the United Republic of Tanzania and Section 4(4) of the Elections Act, (No. 1 of 1985). He or she is the Secretary to the Commission and Chief Executive.
Electoral system

The Tanzania electoral system follows the ex-British colonies system which is First Past the Post. Under this system the country is divided and demarcated into constituencies and wards. Each constituency and ward in Tanzania mainland is eligible to elects one representative to the Parliament and council respectively. Due to a multi-party system adopted in the country every contested seat may have contestant from each of the registered political parties. The political parties are responsible for sponsoring their candidates and therefore a candidate who wins majority votes is declared elected. At the Presidential level, a Presidential Candidate from one part of the union is required to have running mate who hails from another part of the United Republic of Tanzania. The running mate contests for a Vice-Presidential post and will be at the same time with the President. As such, the Presidential Candidate who wins the majority of votes is declared President of the United Republic together with his running mate as Vice President. Apart from candidates in the above category, Tanzania has a system of proportional representation which is taken according to votes of the elections of Members of the Parliament for Women Special Seats. These are special seats for women and constitute thirty percent of the total number of elected constituency members, plus five members elected by the Zanzibar House of Representative. The Attorney General who is appointed by the President of the United Public of Tanzania qualifies as an ex-officio Member of the Parliament. There are other ten members appointed by the President of the United Republic of Tanzania from his constitutional powers.

Special seats for councilors election on proportional representation for women is not less than one third of the all elected Councilors and Members of Parliament in each Council. They are apportioned according to seats won by each political party in the council.

The formation and organization of political parties are regulated under the Political Parties Act 1992. Currently, there about 18 political parties with full registration for political parties; visit http://www.nec.go.tz/political_party.asp? menu=sub8&maintitle=registered Tanzania has so far conducted multiparty general elections in three phases in 1995, 2000, and 2005.

The Tanzania Law Reform Commission http://www.lrct-tz.org/

The Law Reform Commission of Tanzania was established by an Act of Parliament in 1980. This is the Law Reform Act, No. 11 of 1980. The Commission was the result of a Judicial Review Commission formed in 1974 to conduct a wide-ranging review of the legal system and to recommend changes for improvement in the administration of justice. The Commission was chaired by Mr. Pius Msekwa and it 1977 reported to the Government and recommended various changes in the judicial system administration. The Msekwa Commission recommended for, among others things, to establish an independent body-the Permanent Law Reform Commission which will maintain a constant monitor over the administration and operation of the law. The Commission was formed in 1981 and on 21st October 1983 it started to function officially. The Commission started its operation in 1983 under the late Justice Yona Mwakasendo. From then three justices have led it. The Commissions main function is to conduct research throughout the country and recommend to the government for the law reforms which will respond to the changing conditions in the economic, cultural, educational and political fields. The Commission has conducted various researches countrywide to reflect the social-economic changes and released reports. Some of research report release include; The Law of Marriage; The Problem of Congestion in Prison; The Law Relating to Children in Tanzania; the Impact of Criminal Justice in

Combating Theft/Embezzlement in Government Institution and Public Corporation; The Law of Succession/Inheritance; Exchange Control; Statutory System of Compensation to Victim of Crime and Private Legal Practice. Other include; Delays in the Disposal of Civil Suits; Labour Laws; Criminal Law as a Vehicle for Protection of Rights of Women and Nyalali Final Report.

Tanzania Communication Regulatory Authority (TCRA) http://www.tcra.go.tz/ The Tanzania Communications Regulatory Authority (TCRA), established by the TCRA Act no. 12 of 2003 is an independent Authority for the Postal, Broadcasting and Electronic communications industries in the United Republic of Tanzania. Its role include licensing and regulating the Postal services, Broadcasting services and Electronic Communications sectors in the United Republic of Tanzania.

The Tanzania Communications Regulatory Authority (TCRA) is Tanzanias communications and broadcasting regulator. It was established under the Tanzania Communications Regulatory Authority Act No.12 of 2003 which merged the Tanzania Communications Commission and the Tanzania Broadcasting Commission. TCRA became operational on 1st November, 2003 and has effectively taken over the functions of the two defunct commissions. Specifically the Authority is responsible for enhancing the welfare of Tanzanians through:

Promotion of effective competition and economic efficiency; Protecting the interests of consumers; Promoting the availability of regulated services; Licensing and enforcing licence conditions of broadcasting, postal and Telecommunications operators Establishing standards for regulated goods and services Regulating rates and charges (tariffs); Managing the radio frequency spectrum; Monitoring the performance of the regulated sectors. Monitoring the implementation of ICT applications

Since the introduction of the Converged Licensing Framework (CLF) in 2005, the Authority has issued various licenses to Companies in the categories of Network facilities, Network services and Applications services. Click here for details of the licensed companies as of 1st November,2006.

TCRA has received application from the Tanzania Postal Corporation (TPC)

requesting for approval to review tariffs for the regulated postal services and products. The Authority hereby invites all stakeholders in the communications sector to give their written comments to assist the Authority in considering the tariff review. For more details click here

The convergence of info-communication technologies has necessitated a change in the licensing framework The Tanzania Communications Regulatory Authority has developed a new licensing framework to accommodate technological market and regulatory trend referred to as convergence. The Authority has been seeking comments from stakeholders since January, 2005 on the implementation of the New Licensing Framework through Workshop, meetings and Authority's website. In response and taking into accounts comments received, the Authority have finalised the Regulations, Licenses and applicable fees under the Converged Licensing Framework. For more details on the New Licensing Framework, Click here

Tanzania Communications Commission (TCC): http://www.tanzania.go.tz/tcc.html TCC was established under the Tanzania Communication Act No. 18 of 1993 and became operational in 1994. The Commission was formed following the dissolution of the Tanzania Post and Telecommunications Corporation as part of the governments initiative to restructure the communications sector. The commission is charged with the responsibility of regulating the activities of the service providers in the postal and telecommunications sub-sectors. Other responsibilities of the Commission include defining interconnection and tariff policies; allocation and monitoring of radio frequencies; and preparation of numbering plans, revenue sharing arrangements and monitoring compliance with standards.

Tanzania Revenue Authority http://www.tra.go.tz/profile.htm The Tanzania Revenue Authority Act No. 11 of 1995 established TRA. The Authority is a semi-autonomous agency of the Government, responsible for the administration of the Central Government taxes as well as several non-tax revenues. The Authority, which administers a number of taxes, is under the general supervision of Board of Directors. The list of tax laws administered by TRA is shown in Tax Laws administered by TRA. Functions of TRA The major functions of the Authority are to: Assess, collect and account for all Central Government Revenue; Administer efficiently and effectively all the revenue laws of the Central Government; Advise the Government on all matters relating to fiscal policy; Promote voluntary tax compliance; Improve the quality of services provided to taxpayers; Counteract fraud and other forms of tax and fiscal evasion and Produce trade statistics and publications.

Tanzania Transport Regulatory Authority (TTRA) http://www.tanzania.go.tz/ttra.html

The Government of the United Republic of Tanzania is underway to establish a Transport Regulatory Authority. TTRA will derive its powers from the Transport Regulatory Act and will be charged with the responsibility of overseeing the smooth operations of the roads and roads transport, railways, ports, maritime transportation, airports and air transportation.

Central Transport Licensing Authority (CTLA) http://www.tanzania.go.tz/ctla.html CTLA is a regulatory authority. The main task of CTLA is to issue road transport licenses. Regional Transport Licensing Authorities (RTLA) are authorized to issue licenses to regional transport operators. Tanzania Central Freight Bureau (TCFB) http://www.tanzania.go.tz/tcfb.html The Act of 1982 Tanzania Central Freight Bureau was amended in 2000 to respond to changes in the market environment. The mission of TCFB is to foster economy in the water transportation sub-sector through competition

and fair trade practices with the view to promoting its growth and ensuring availability of maritime transport information. Tanzania Meteorological Agency
http://www.tanzania.go.tz/tma.html

Tanzania Civil Aviation Authority (TCAA) http://www.tcaa.go.tz/ The Tanzania Civil Aviation Authority (TCAA) is a body Corporate, was established by the Tanzania Civil Aviation Authority Act (Act No.10 of 2003) (Government Notice No. 10 of 2003) as an independent regulator and provider of air navigation services. As an independent regulator the Authority is responsible for all civil aviation regulatory activities including safety regulation, economic regulation and consumer protection. The establishment act mandate the Authority to regulate the activities of persons and institutions carrying on air transport services (carriage of passengers and cargo, both domestic and international), aeronautical airport services (airport operators, ground handlers, cargo operators, hanger facilities, airport security, inflight caterers and aircraft fuelling services), air navigation services (includes air traffic services and associated infrastructure, and aeronautical meteorological services) as well as continue with the provision of air navigation services.

HISTORY Tanzania Civil Aviation Authority (TCAA) was established on 1st November 2003 as a Corporate Body under the Tanzania Civil Aviation Authority Act No. of 2003. Prior to that it was an Executive Government Agency known as Tanzania Civil Aviation Authority, which was established in 1999.

Functions of the former Tanzania Civil Aviation Authority along with the staff were transferred to TCAA. Why Establish the TCAA To perform regulatory functions in relation to air transport, aeronautical airport services and air navigation services.

Specifically, the functions of TCAA are: To perform the followingto issue, renew, vary and cancel air service licenses. to establish standards for regulated goods and regulated services. to establish standards for the terms and conditions of supply of the regulated goods and services. to regulate rates and charges to make rules for carrying out the purposes and provisions of this Act To monitor the performance of the regulated suppliers including in relation tolevels of investment; availability, quality and standards of services. the cost of services . the efficiency of production and distribution of services, and other matters relevant to the Authority. to facilitate the resolution of complaints and disputes. to take over and continue carrying out the functions formerly of the former Authority. to disseminate information about matters relevant to the functions of the Authority. to consult with other regulatory authorities or bodies or institutions discharging functions similar to those of the Authority in United Republic of Tanzania and elsewhere to administer the Tanzania Civil Aviation Authority Act, 2003. to perform such other functions as may be conferred on the Authority by the Tanzania Civil Aviation Authority Act, 2003 or any other law.

Public Service Commission

Government Institutions

Banks http://www.bot-tz.org/AboutBOT/BOT_Act.htm- The Bank of Tanzania

http://www.africaonline.co.tz/tpbank Postal Bank

http://www.stanbic.com/SBIC/Frontdoor_07_02/0,2493,10217293_10217476_0,00.ht ml Stanbic Bank Stanbic Bank is part of one of Africa's leading banking and financial services groups, Standard Bank Group Limited, which is based in South Africa and listed on the Johannesburg Securities Exchange. Rooted in Africa and with representation in strategic sub-Saharan markets, Standard Bank is a regional banking force with a global sweep. With total assets of about US$81bn and employing about 35 000 people worldwide, Standard Bank has the largest presence in Africa of any South African or African bank. Our network spans 17 African countries and extends to 21 countries on other continents, including the key financial centres of Europe, the United States and Asia. In addition to banking, Standard Bank has a strategic interest in the insurance industry through its control of the Liberty Group, one of Africa's leading life offices and financial services groups. The group has one of the biggest single networks of banking services in Africa. Through this network we offer a wide range of banking products and services which are delivered through more than 1 000 points of representation in 17 African countries. We are active in international and cross-border transactions and in those

areas liaise closely with Standard Bank Corporate and Investment Banking and Standard Bank London

http://www.standardchartered.com/tz/index.html Standard Chartered

Standard Chartered PLC is listed on both the London Stock Exchange and the Hong Kong Stock Exchange and is consistently ranked in the top 25 among FTSE-100 companies by market capitalisation. Standard Chartered has a history of over 150 years in banking and operates in many of the world's fastest-growing markets with an extensive global network of over 1,400 branches (including subsidiaries, associates and joint ventures) in over 50 countries in the Asia Pacific Region, South Asia, the Middle East, Africa, the United Kingdom and the Americas. As one of the world's most international banks, Standard Chartered employs almost 55,000 people, representing over 90 nationalities, worldwide. This diversity lies at the heart of the Bank's values and supports the Bank's growth as the world increasingly becomes one market. With strong organic growth supported by strategic alliances and acquisitions and driven by its strengths in the balance and diversity of its business, products, geography and people, Standard Chartered is well positioned in the emerging trade corridors of Asia, Africa and the Middle East.
Standard Chartered derives over 90 per cent of profits from Asia, Africa and the Middle East. Serving both Consumer and Wholesale Banking customers worldwide, the Bank combines deep local knowledge with global capability to offer a wide range of innovative products and services as well as award-winning solutions.

Trusted across its network for its standard of governance and corporate responsibility, Standard Chartered takes a long term view of the consequences of its actions to ensure that the Bank builds a sustainable business through social inclusion, environmental protection and good governance. Standard Chartered is also committed to all its stakeholders by living its values in its approach towards managing its people, exceeding expectations of its customers, making a difference in communities and working with regulators.

http://www.crdbbank.com/ CRDB

CRDB BANK LIMITED is a private commercial bank. The Bank was established on July 1st 1996 to succeed the former Cooperative and Rural Development Bank (CRDB), which was a public institution with majority of shares held by the Government of the United Republic of Tanzania. The succession was a result of the liberalization of the banking industry in Tanzania. The liberalization which followed the enactment of the Banking and Financial Institutions act (BFIA) of 1991 and Governments policy to divest its interest in the sector, prompted a recapitalisation of the Bank to levels stipulated by the BFIA (1991).
Restructuring CRDB has been blessed with an invaluable partnership from the Danish International Development Agency (DANIDA). DANIDAs commitment and support in technical, managerial and financial areas of the Bank's operations has been instrumental for the success of CRDB BANK LIMITED. DANIDA therefore was fundamentally involved in CRDBs restructuring as demanded by the BFIA (1991). The restructuring, which started in 1992, aimed at a more efficient organizational system, better returns to shareholders and overall improvement in the financial performance of the Bank. The exercise involved: CRDB BANK LIMITED is owned by over 11,000 shareholders under the following major groups (by value of shares): Private individuals 37.0; Co operative 14.0; Companies 10.2; DANIDA investment fund 30.0; and Parastatals (NIC &PPF 8.8; http://www.nbctz.com/ NBC This is one of the largest commercial banks in Tanzania with braches through out the regional (province) headquarters. Having joined forces with Africa's largest banking group, South African based Absa Group Ltd; NBC Ltd. has given its clients access to a global banking environment.

http://www.barclays.com/africa/ Barclays Bank

Business Agencies

http://www.tanzania.go.tz/commerce.html Business Agencies http://www.tanzania.go.tz/commerce.html#Business%20Registration http://www.tanzania.go.tz/commerce.html#Trade%20Agencies http://www.tanzania.go.tz/commerce.html#Tanzania%20Bureau%20of %20Standards http://www.tanzania.go.tz/commerce.html#Weights%20and%20Measures

Economic Agencies Law Enforcement Agencies

http://www.tanzania.go.tz/pcb/ Prevention of Corruption Bureau police prison Army-JWTZ

Courts and Tribunals http://www.tanzania.go.tz/commerce.html#Industrial%20Court

Government Revenue Sources Agencies

http://www.tanzania.go.tz/government/tra.html Tanzania Revenue Authorities

Telecommunications Agencies

http://www.tanzania.go.tz/psrp/ public service reform commission

http://www.tanzania.go.tz/guidelinesf.html Medium Term Plan and Budget

Framework

http://www.tanzania.go.tz/hotuba1/hotuba/061114%20Hotuba%20ya%20Mhe %20JKM%20ufunguzi%20wa%20Mlimani%20shoping%20centre.htm

http://www.tanzania.go.tz/nsgrf.html national strategy for growth and poverty reduction

TANZANIA Policies

http://www.tanzania.go.tz/ppu/tnpp.html Population Policy

http://www.tanzania.go.tz/microeconomicpolicef.html Microeconomic policy

http://www.tanzania.go.tz/ngof.html NGOs Policies

http://www.tanzania.go.tz/policiesf.html Tanzania Policies

Other Human Rights Materials

Funding Agencies

National Human Rights Institutions

http://www.humanrights.or.tz/usefullinks.html#10

Links to International Human Rights Courts

Tanzania recognizes decision passed by international court and my form part of persuasive precedents in Tanzanians courts and tribunals when local circumstances do not provide for answers. The following are part of the courts recognized by Tanzania adjudication system.

European Court of Human Rights; http://www.echr.coe.int European Court of Justice http://europa.eu.int/cj/index.htm Inter-American Court of Human Right http://www.nu.or.cr/ci/HOME_ING.HTM International Court of Justice http://www.icj-cij.org International Criminal Court http://www.un.org/law/icc/index.html International Criminal Tribunal for Rwanda. http://www1.umn.edu/humanrts/africa/ RWANDA1.htm International Criminal Tribunal for the Former Yugoslavia http://www.un.org/icty/

Reports

Tanzania Government Reports

http://www.tanzania.go.tz/nsgrf.html poverty and human development report http://www.tanzania.go.tz/ppu/index.html population index reports

Tanzania NGO Reports http://www.humanrights.or.tz/aboutus.html

International NGO Reports http://www.humanrights.or.tz/usefullinks.html#10 national human rights NGOs

Foreign Governmental Reports United Nations Reports and Decisions NGOs and Research Centers TANGO, SAHRINGON; ESRF, REPOA

Reports of the Law Reform Commission of Tanzania http://www.lrct-tz.org/publications.html The Law of Succession/inheritance http://www.lrct-tz.org/pdf/mirathi.pdf The Law of Marriage The Problem of Congestion in Prison

The Law Relating to Children in Tanzania He Impact of Criminal Justice in Combating Theft/Embezzlement in Government Institution and Public Corporation Exchange Control Statutory System of Compensation to Victim of Crime Private Legal Practice Delays in the Disposal of Civil Suits Labour Laws Criminal Law as a Vehicle for Protection of Rights of Women Nyalali Final Report

Media Reports
Local newspapers

http://ippmedia.com/ipp/guardian/2006/11/06/77822.html

IPP Media A media house with diverse media outlets ranging from print to electronic.
www.ippmedia.com

Business Times Limited

An independent media house in Tanzania that runs newspapers and a community radio. www.bcstimes.com

Tanzania Standard Newspapers TSN

A Government-owned media house which is the publisher is the oldest English daily. www.dailynews-tsn.com http://www.dailynews-tsn.com/page.php?id=4371 http://dailynews-tsn.com/habarileo/page.php?Category=interview HabariLeo

Free Media Limited

Publishers of an independent daily Tanzania Daima www.freemedia.co.tz

Regalia Media Limited

A public relations firm that deals with advertising, advertorials, media campaigns and promotional publications. www.regaliamedia.com

MAJIRA SWAHILI DAILY NEWSPAPERmajira@bcstimes.com MWANANCHI DAILY NEWSPAPER mwananchinewspapers@cats-net.com UHURU DAILY NEWSPAPER Uhuru@cats-net.com NIPASHE DAILY NEWSPAPER guardian@ipp.co.tz

TRAINING INSTITUTIONS-JOURNALISM 1. Tanzania School of Journalism Box 4067 Dar es Salaam Tanzania 2. Tumaini University Box 200 Iringa Tanzania 3. Dar es Salaam School of Journalism Box 25444 Dar es Salaam Tanzania 4. Chuo cha Uandishi Televisheni Box 314 Zanzibar Tanzania 5. St.Augustine University Box 307 Mwanza Tanzania 6. Tanzania Institute of Media Education Box 33346 Dar es Salaam PRESS CENTERS IN TANZANIA TANZANIA PRESS CENTRE NETWORKS OF JOURNALISTS Promoting specialization and professionalization in the media JOURNALISTS FOR DEMOCRACY AND HUMAN RIGHTS

jdhr.tpc@journalist.com JOURNALISTS FOR TRANSPARENCY, ACCOUNTABILITY AND GOOD GOVERNANCE jtagg.tpc@journalist.com JOURNALISTS FOR POPULATION AND PLANNED PARENTHOOD jppp.tpc@journalist.com POVERTY ALLEVIATION JOURNALISTS NETWORK panj.tpc@journalist.com NETWORK OF ECONOMIC AND ENTREPRENEURSHIP JOURNALISTS neej.tpc@journalist.com JOURNALISTS FOR AGRICULTURE AND FOOD jaf.tpc@journalist.com JOURNALISTS FOR TREES AND AFFORESTATION jta.tpc@journalist.com JOURNALISTS FOR PLANNED AND CLEAN SETTLEMENTS jpcs.tpc@journalist.com JOURNALISTS FOR EAST AFRICAN ECONOMIC UNION jeaeu.tpc@journalist.com JOURNALISTS FOR MUSIC, SPORTS AND ENTERTAINMENT PROMOTION jmep.tpc@journalist.com TANZANIA PHOTOGRAPHERS NETWORK tpm.tpc@journalist.com NETWORK OF INFORMATION, COMMUNCATION AND EDUCATION TECHNOLOGY FOR DEVELOPMENT nice.tpc@journalist.com NETWORK OF ENVIRONMENT FOR DEVELOPMENT ned.tpc@journalist.com NETWORK OF JOURNALISTS FOR HEALTH AND WELLBEING IN TANZANIA nhw.tpc@journalist.com NETWORK OF EDUCATION FOR WORK

new.tpc@journalist.com NETWORK OF ELECTRICITY FOR ALL nea.tpc@journalist.com FIGHT AIDS TANZANIAN JOURNALISTS NETWORK ukimwi@go.com

Other CIS Human Rights Materials

Mushiiii-Tangos; Rehema SAHRiNGON

Tanzania Major Human Rights NGOs

See TANGO members

Legal and Human Rights Centre (LHRC) http://www.humanrights.or.tz/

The Legal and Human Rights Centre (LHRC) is registered in Tanzania as a private, non-governmental, non-partisan and non-profit making organisation. It has been an autonomous and independent entity since its registration in September 1995. The Legal and Human Rights Centre was established from the realisation of the extent to which the majority of the people were unaware of their rights and for the indigent who had no means to pursue their rights in court for want of legal representation. The Legal and Human Rights Centre is both a legal and a human rights organisation. The Centre was created so as to contribute to the process of democratisation in Tanzania and strives to promote, reinforce and safeguard human rights. LHRC works to promote respect and observance of human rights and democracy; promote respect and observance of rule of law and due process; promote consumer protection; create networks with public interest and human rights organisation, non governmental organisations, universities, relevant research institutions, religious association and legal association societies; promote public awareness in the field of environmental protection;

provide on request consultancy services to Government and NonGovernmental Organisations, provided it is within the spirit of the objectives of LHRC; to organise and sponsor conferences, seminars, workshops, meetings and such undertakings with a view of promoting the social and educational objectives of LHRC; to raise funds for the purposes of the LHRC on such terms as are compatible with the autonomy of the LHRC and within the spirit of its social and educational objectives; to publish articles and various publications on legal education, society and human rights. How We Do It In order to realise its objectives, LHRC engages in the following:

Participatory and conventional legal research methods to determine the educational needs of the targeted groups in the focus areas, identifying the major legal and human rights issues involved and compile them and collect other information necessary to deal with the issue. Participatory legal and human rights education and training of both grassroot communities and paralegal personnel with the capacity to service the immediate needs of such non-complex legal problems. General advocacy and lobbying in support of legitimate cause of the target groups Counseling, arbitration and litigation in respect of legal aid cases Production of publications and material s with educational legal and human rights contents Monitoring human rights violations and issuing of human rights situation report annually

Our Vision Legal and Human Rights Centre envisages a just and equitable society Our Mission The Legal and Human Rights Centre is both a legal and a human rights organisation. The Centre was created so as to contribute to the process of democratisation in Tanzania and strives to promote, reinforce and safeguard human rights. The primary task of the Legal and Human Rights Centre is to create legal and human rights empowerment amongst the socially, economically, culturally and spiritually disadvantaged and marginalized groups within the Tanzania society through legal and human rights training, provision of legal aid, information generation and dissemination through publications and radio programmes, research on legal and human rights issues and networking and alliance building with other institutions which share this mission. The above can be achieved by:

Dissemination of legal and human rights knowledge to various groups in the society through training, publications and radio programmes. Provision of legal aid to indigent people or those whose cases have special public interest or cases, which can advance law reform. Promotion of public awareness in the field of environmental protection and; Conducting research on legal and human rights issues with the aim of using the findings as a basis for lobbying and advocacy for changes. About LHRC The Legal and Human Rights Centre (LHRC) is a non-profit making, nonpartisan, non-governmental organization striving to empower the public as well as promote, reinforce and safeguard human rights and good governance in Tanzania. The objective of LHRC is to create legal and human rights awareness and empowerment among the general public, the authorities and, in particular, the underprivileged sections of the society. The target groups of LHRC include: the general public, the indigent, community leaders, influential people, politicians, policy makers, legislators, law enforcers, community based organizations, NGOs and various international organizations. The headquarter of Legal and Human Rights Centre is situated in Dar es Salaam, but the Centre also runs three legal aid clinics; two in Dar es Salaam (Magomeni and Buguruni) and one in Arusha. Activities of LHRC LHRC provides legal aid and legal and civic education. We execute training programmes of civil society, local government leaders and officers in the law enforcement machineries, as we also train grass root trainers to pass on their knowledge to others. As part of its sensitisation programme the Centre runs a weekly radio programme on Radio Tanzania Dar es Salaam, which enjoys a countrywide coverage as well as a weekly television programme broadcasted on Channel 10. Both programs focus on practical legal and human rights issues touching the day to day lives of people in Tanzania and the general governance of the country. LHRC publishes manuals, booklets, leaflets and posters on legal and human rights principles. The Centre carries out research in a number of legal and

human rights areas in addition to making follow up on monitoring of human rights violations. Brief history of LHRC The Legal and Human Rights Centre was registered in September 1995. Before LHRC was registered as an independent entity the Centre existed as a human rights project at the University of Dar es Salaam by the name of Tanzania Legal Education Trust (TANLET). TANLET emerged as an initiative of the Legal Aid Committee of the University of Dar es Salaam to provide an independent avenue for members of society to exercise their freedom of opinion with regard to their civil rights. Legal and Human Rights Centre is registered as a company limited by guarantees under the companys ordinance cap 212 of the laws of Tanzania. The Centre was established with a prime view to disseminate knowledge on legal and human rights issues to the general public out of the realisation that the majority of Tanzanians are not aware of their rights nor of the means to pursue justice in court. Our Organisation Structure
Annual General Meeting (AGM)

The General Assembly is the highest organ of the LHRC. It decides on general lines of policy and all other including the power to amend the memorandum and articles of association, and appoint the Board of Directors.
Board of Directors

This board is responsible to the General Assembly. It is the decision maker in relation to policies and projects of the LHRC and supervises the implementation. It employs Executive Director and confirms the members of staff of the LHRC employed by the Executive Director Board of Directors makes regulations for the proper management of the personnel, facilities and finances of the LHRC. It approves annual plans and budgets, ensures provision of facilities necessary for the running of the organisation and carries out other activities that tare necessary for the proper governance and direction of the LHRC.

National Organisation for Legal Assistance (nola) Msaada wa Sheria http://www.msaadawasheria.or.tz/index.htm History Structure Programme

The national organization for legal assistance, nola, is a non-governmental, autonomous and voluntary organization that was initially formed in 2002 by dedicated practicing lawyers so as to use the law to further the cause of legal and social justice as well as human rights in the country. It was registered as an NGO under the Companies Ordinance, Cap. 212 of the Revised Laws of Tanganyika, on 31st January 2003.Currently nola has eight Legal Assistance Centers in Mbeya, Iringa, Songea (Ruvuma), Mtwara, Dodoma, Kigoma, Tabora and Mwanza. Through this Programme, nola undertakes: effective court representation, strategic litigation, public-interest litigation, research, advocacy, consultancy and legal assistance to vulnerable groups, particularly in rural areas, including: juvenile delinquents, underprivileged women, HIV/AIDS victims, and indigent people. nola's vision The vision of nola is to enhance the right to access to justice for all in rural areas of Tanzania. nola's Mission statement; It is nolas mission to facilitate an evolution of a society in Tanzania that is free from crimes and human abuses; and that respects human/legal rights, democracy as well as good governance. This mission is achievable through:

Mainstreaming human rights, democracy and good governance in both public and private institutional governance processes, Empowering the vulnerable members of the society, especially by providing them with certain and sustainable legal assistance through legal advice and effective court representation, Research, documentation, publication and advocacy, and Fostering a preventive culture against all kinds of crimes and abuses, which culture promotes and protects, in effect, human/legal rights, good governance and democracy in the society; particularly by encouraging community-based legal/human rights initiatives.

Through Lobbying and Advocating for reform in:

Gender and Children Rights. Human Rights. HIV/AIDS Issues. Law and Policy Reform Legal Practice Reform Training and Awareness raising Coalition Building/Networking

nolas Main Objective To create an environment in which national laws, practices and policies are molded on the spirit and purposes of international human rights standards that enhance equal and equitable realization of human rights, particularly amongst the underprivileged members of our society through:

Provision of legal assistance, Provision of legal and civic education, Research, documentation and publication, Follow-up and monitoring of human rights abuses, and

nolas Specific Objectives;

To promote respect and observance of human/legal rights, particularly by encouraging affirmative actions in favor of vulnerable groups; like children in need of special support/care, the disabled, underprivileged women and people living with or affected by HIV/AIDS. To promote respect and observance of the rule of law and due processes, including good governance, in the country. To promote the culture of consumer rights protection in our developing society that can enable members of the society to adapt well to the forces of the process of globalization.

nolas Concerns are:

Pro-rural, as poor and vulnerable people in the rural areas are quite often forgotten in relation to provision of legal aid. Humanitarian, as infringement of legal/human rights vitiates and impairs national democratic and economic development, Commitment to furthering the cause of social justice as most of our laws are unjust hence subverts human rights of many a vulnerable people, and Practical, as infringement of legal/human rights distorts the operation of markets and deprives ordinary people of the benefits that should have otherwise flown to them.

nolas mission statement It is nolas mission to facilitate an evolution of a society in Tanzania that is free

from crimes and human abuses; and that respects human/legal rights, democracy as well as good governance. This mission is achievable through:

Mainstreaming human rights, democracy and good governance in both public and private institutional governance processes, Empowering the vulnerable members of the society, especially by providing them with certain and sustainable legal assistance through legal advice and effective court representation, Research, documentation, publication and advocacy, and Fostering a preventive culture against all kinds of crimes and abuses, which culture promotes and protects, in effect, human/legal rights, good governance and democracy in the society; particularly by encouraging community-based legal/human rights initiatives.

Nolas Programmes and Activities; I. Access to Justice Programme Activities;

Effective court representation Strategic Litigation Public-Interest Litigation Legal Assistance to Vulnerable Groups, particularly in rural areas: Juvenile Delinquents Children Underprivileged Women HIV/AIDS Victims, and Indigent People. Consumer Rights Protection Litigation. We are currently providing legal aid in 8 regions viz; Mwanza, Kigoma, Tabora, Mtwara, Mbeya, Dodoma, Iringa and Ruvuma.
o o o o o o

II. Research, Lobby and Advocacy (for Reform of Policies, Laws and Practices) Programme This programme is cardinal to nolas other programmes for it helps guiding programme formulation within nola as well as it provides the real situation on the ground needing further intervention.

The programme seeks to conduct studies/surveys in various laws inhibiting the realization of legal/human rights so as to expose any inherent or prevalent abuses with a view to informing public and stimulate debates for reform of the said policies, laws, and practices in order to enhance social justice in our society. So far, the following research works have been conducted and published: When the Operation of the Law Enhances Corruption in Tanzania: An Enigma in a Legal Regime Needing Reform (2004) and Using the Law to protect Childrens Rights in Tanzania: An Unfinished Business (2004). The Programme is concerned with conducting studies in the following areas:

o o o o o o o o o o

Legal Audit of legislation inhibiting human rights of people living with or affected by HIV/AIDS in Tanzania. Legal Audit of legislation relating to corruption in Tanzania. Regular human rights monitoring and follow-ups. Realization of Economic, Social and Cultural Rights in Tanzania. Legal Audit of legislation and customary practices affecting women rights in Tanzania. Legal/human rights implications of the process of globalization. Legal Audit of legislation relating to labor matters. Legal Audit of legislations related to children Documentation and publication. Refugee's right of access to justice

III. Finance and Administration Programme This is a fundamental program at the organization since it is directly responsible with the control and accountability of the organization funds according to the projects, consultancy and Articles and Memorandum of association of the company. It is further responsible for organizations sustainability in terms of financial resources and human resources. That is to say the programme is involved with the following components <

Staff Welfare. Financial Management and Fundraising. Financial transparency and accountability

IV. Human Resource Development This programme is also very important as far as nola is concerned because it deals with developing and sustaining human resource and capacity building mechanism. Through this mechanism the program will engage the law enforcement agencies in training on legal and human rights protection. The same program will capacity-built members of its staffs, implementing partners as well as beneficiaries on a short and long term training. This program will involve;

Staff administration Source, commission and allocating Staffs, Partners, and Beneficiaries to the learning institutions.

Womens Legal Aid Centre (WLAC) http://www.wlac.or.tz/aboutwlac.html History

Structure Programme

The Womens Legal Aid Center was registered in 1994. The WLAC is both legal and community-based organization. The WLAC is an outcome of the famous SUWATA Legal Aid Scheme for Women. The The first Coordinator of the Scheme was Nakazaeli Lukio Tenga (1989-1993). The decision to formulate the said Scheme in 1989 was reached after it was realized that there was a larger number of women within the country who face legal problems without the requisite resources for legal aid services. In 1989, the Scheme was the first Legal Aid for women to be established in Tanzania. The WLAC is opened to all women irrespective of their religious, race, colour, political or ethnic affiliation. WLAC has expanded and now is promoting and protecting women and childrens rights. The website launched in September 2002 provides information about our programs and links to our paralegal upcountry and our partners worldwide. The site will also highlight WLAC programs, so that you can get a glimpse of how WLAC promotes and protects women and children rights. The Womens Legal Aid Centre (WLAC) is a voluntary, private, NonGovernmental Non-Partisan and Non-Profit making Organization, registered in 1994 as a Company Limited by guarantee without shareholders under the Companies Ordinance, Cap.212 of Tanzania. WLAC s Secretariat has 17 full-time staff working in four inter-connected departments. The Executive Director is responsible for the overall programme implementation, supervision and reports to the Board of Directors.

VISION

To contribute in having a just and equitable society that observes and respects Women and Childrens rights.

WLACS MISSION

The WLAC is a human rights organization, striving to promote and protect women and childrens rights by helping to bring about gender equality in Tanzania through legal aid, legal research, networking, publications and outreach programmes.

SPECIFIC OBJECTIVES

To carry on the activities of the Legal Aid Clinic; to give advice and counseling services, to undertake court representation, drafting of legal documents and other related services; To conduct seminars, workshops, camps and conferences, undertake study tours and exchange visits, especially between Tanzania and other countries; To build a network jointly with other NGOs, government departments and agencies that have similar activities with that of the WLAC; To lobby for change of discriminatory policies and laws, advocate for equitable change in gender relations in Tanzania and sensitize the general public on womens and childrens human rights; To encourage and support poor women in establishing self-help groups and to offer legal education on how to organize business under the Law of Tanzania; To prepare and publish different reading materials related to women and childrens rights; To prepare radio programmes and to liaise with electronics and print media on issues related to womens and childrens rights for purposes of offering gender and legal education; To research on laws affecting women and children with the aim of using the findings as a basis for lobbying and advocating for change.

Legal Aid Services Many of the population cannot afford legal services, and women are particularly disadvantaged by their higher rates of poverty than men. In response to this situation, the Centers volunteers offer free legal advice, counselling, reconciliation, legal drafting and court representation to women and children in need. The WLACS head office is in Dar es Salaam, but its outreach caters for women from both urban and rural areas. The Centre has established sixteen (16) Paralegal Units for grassroots awareness creation. Paralegal members provide advice to needy women and children . They also escort them to court for moral support. Other matters are resolved out of court through reconciliation sessions. The Womens Legal Aid Centre has been attending hundreds of clients with legal problems and human rights violations. For instance in 1998 attended 3412 clients. In 2000 attended 3266 clients. In 2001 attended 4180 clients. Problems mostly received range from matrimonial, violence, child custody and maintenance, probate and inheritance matters, civil cases, land problems and labour issues. The Centre conducts a legal aid clinic to women and children every Thursday from 1:00 p.m. to 6:00 p.m. Additionally, there are two full-time

legal officers who attend to non-clinic days clients. The Centre offers reconciliation services on Wednesdays from 3:00 p.m. Tuesday from 4:00 p.m. to 6:00 p.m. consultative meetings with volunteers are held. Legal Aid is offered to poor women and children free of charge. It is done through: Counseling; Court representation; Legal advice and drafting of legal documents; Reconcilliation or mediation Further, every Thursday volunteers facilitate Legal Education to clients. Outreach Programme WLAC aims at raising legal and human rights awareness among the public and in particular women and children through legal literacy and human right education. Outreach activities include a Radio Programme, legal and human rights education programme and Paralegal Units. Legal Education The Centre has been organizing legal education workshops, particularly those based on women and childrens rights. This education campaign covered various groups of people such as people with disabilities, youth, widows and religious institutions. The Centre has facilitated an establishment of Tanzania Widows Association (UWAJATA). Paralegal Units The WLACs outreach caters for women from both urban and rural areas. . The Centre has established sixteen (16) Paralegal Units for grassroots awareness creation in the following areas: Tanga, Morogoro, Kilimanjaro, Arusha, Katesh, Kigoma, Mbeya, Mwanza, Shinyanga, Dodoma, Mtwara, Iringa, Lindi, Coast, Ruvuma and Kiteto Arusha. Paralegal Units in Morogoro, Mwanza, Mbeya, Katesh , Shinyanga and Ruvuma have conducted outreach programmes and opened branches at village level in their respective areas. Mwangaza Radio Programme

The half-an hour radio programme Mwangaza is aired through Radio Tanzania Dar es Salaam (RTD), the radio station that covers almost all parts of the country. It is aired every Snday from 1:30 p.m. 2:00 p.m. Themes and production of the programmes cover issues relating to cases, which the WLAC receives at its legal aid clinic, public interest, social development and burning nationwide issues. Advocacy & International Monitoring Networking and Advocacy The WLAC places high emphasis on the value of networking because networking keeps both the organization and staff informed on new developments in the field of Legal, Human Rights and Social Development. Through networking the WLAC is able to share skills, information and competencies with other organizations in a multi-disciplinary environment. Through networking and coalition building, WLAC members participates actively in the local, national and international activities i.e., workshops and conferences. Some of WLAC networks include Empowering Widows in Development (EWD) based in London. Monica Mhoja the Executive Director is the E. Africa coordinator; Women in Law and Development in Africa (WiLDAF) Tanzania Chapter . (WLAC is preparing a draft bill on inheritance NGO Perspective on behalf of WiLDAF. International Monitoring The Centre facilitated an establishment of the TASK FORCE on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Centre is hosting the Task Force, which prepared the NGO Shadow Report on CEDAW and submitted to the UN Committee in June 1998 and other stakeholders in Tanzania. The Centre has also prepared a Training Manual on CEDAW. In 1998, WLAC was appointed to coordinate and monitor the implementation of and the Copenhagen Declaration of 1995 under Social Watch Program on behalf of Southern African Human Rights Non-Government Organizations Network ( SAHRINGON) Tanzania Chapter. The WLAC has carried out various activities, including fact-finding research intended to analyse and give background information on social development in Tanzania. Also the Centre in cooperation with some SAHRINGON (T) members produced a Shadow Report. Both documents were presented in Geneva at Copenhagen +5 in June 2000 and to other stakeholders in Tanzania. Main Objectives of the Social Watch program and CEDAW

To monitor and evaluate the governments fulfillment of the Copenhagen Declaration. To monitor and evaluate governments fulfillment of the CEDAW. To raise awareness and sensitization on Government responsibilities on CEDAW & Copenhagen Declaration.

PARTNERSHIP Since 1998 the Centre is collaborating with the Centre for Reproductive Law and Policy (CRLP) based in New York in issues of reproductive rights. WLAC in collaboration with CRLP prepared a Shadow Report on reproductive rights and submitted it to the Human Rights Committee in July 1998. CRLP in collaboration with partners in Anglophone Africa, WLAC as a partner in Tanzania produces a book titled Women of World: Laws and Policies Affecting Their Reproductive Lives Anglophone Africa. WLAC contributed on the chapter dealing with Tanzania. The progress Report 2001 was launched in Ghana June 2002. Since November 2001 WLAC is collaborating with the Georgetown's Law Centre International Women's Human Rights Clinic on the project namely Advancing Women's Rights Globally. "The project goal is to improve the human rights of women in Tanzania. WLAC is researching on inheritance and violence against women issues as well as advocating for law reform & strategic litigation on the same issues. Since January 2001 WLAC is also collaborating with Empowering Widows in Development [EWD] based in London in issues of widows rights. The Executive Director attended the First International Conference on Widows Rights and agreed to be the EWD coordinator in East Africa. WLAC promotes widows rights and facilitated an establishment of Widows Association in Tanzania [UWAJATA].

WLAC Supporters
i. ii. iii. iv. v. vi. The Royal Norwegian Embassy through the NORAD: supports the Legal Aid Clinic and some outreach programmes Netherlands Organization for International Development Cooperation (NOVIB): supports the Social Watch programme. The Ford Foundation: Supports the Mwangaza Radio Programme. Friedrick Erbert Stiftung (FES): Supports some Paralegal Units; some WLAC publication & outreach programmes. German Development Services (GDS): Supports some Paralegal Units. Women African Development Fund of Ghana: Supports some Paralegal Units.

vii. viii.

WLAC Members: Supports the Legal Aid Clinic as part time volunteers. Embassy of Finland: Supports some Paralegal Units on Training of Trainers and publication of WLAC documents.

Contact: Womens Legal Aid Centre, SUWATA Building, Kariakoo, Lindi Street, Adjacent/ Near Uhuru Girls Primary School, P. O. Box 79212, Dar es Salaam, Tanzania. Tel: 255-22-2183769 E-mail: wlac@intafrica.com

Tanganyika Law Society (TLS) See http://www1.umn.edu/humanrts/africa/tanzania.htm

University of Dar es Salaam Legal Aid Center (LAC) See http://www1.umn.edu/humanrts/africa/tanzania.htm Legal Aid Committee (University of Dar es Salaam)

History The Legal Aid Committee is a Committee of the Faculty of Law of the University of Dar es Salaam. Originally established in 1967, it was inactive for some time before being revived in 1978. Structure The Committee is run by a Chairman and a committee of seven, all staff of the Faculty of Law. The Committee has no independent office or staff. Members of the committee are elected annually from the Law Faculty academic staff. Programme In recent times, the Committee has again been inactive. In its active days the Committee focused on legal counseling, legal literacy and litigation. It sponsored weekly clinics, staffed by two members of the Committee, to provide legal advice to poor clients. These clinics functioned in two centres-Magomeni and Temeke.

The legal literacy method involved publication of enlightenment booklets and the organization of seminars in villages and legal aid camps. Education of the people on issues relating to human rights and land rights, inheritance, and so on, was provided. The Committee undertook litigation on such matters as land rights, labour, landlord and tenant, and matrimonial causes (focusing on conciliation).
Zanzibar Legal Services Centre See http://www1.umn.edu/humanrts/africa/tanzania.htm

History The Zanzibar Legal Services Centre was established in Zanzibar in February 1992 as a non-governmental organisation whose aim is to provide legal services to the poor, women, children, the disabled and other disadvantaged sections of the society. The Centre also seeks to provide education and consciousness raising on peoples' basic rights and responsibilities. Structure The Centre is located in Zanzibar, Tanzania. Its structure consists of a threemember Board of Trustees, chaired by Haroub Othman, lawyer and founder of the Centre. The Centre's Secretariat is run by a staff headed by the Director, Hassan Mze, a lawyer who works on a part-time basis. The Centre also has associate members who cooperate with the Centre in its activities. Programme In mid-December, the Centre organised a paralegal training programme in Zanzibar, its very first activity. Future activities planned by the Centre include legal literacy campaigns, legal aid, paralegal training, a newsletter, conferences, workshops and seminars.

Southern Human Rights Non Governmental Organisation (SAHRiNGON)

A brief introduction to SAHRINGON. The Southern Africa Human Rights NGOs Network (SAHRINGON) was established in February 1997 at the Regional Human Rights ... www.humanrightstz.org/sahringon/index.html

HakiElimu www.hakielimu.org History Structure Programme

HakiElimus vision is that every child in Tanzania is able to enjoy her or his right to basic education in schools that respect dignity, foster creativity and critical learning, and advance human rights and democracy. HakiElimu seeks to achieve this vision by facilitating meaningful public participation in education governance. HakiElimu is a non-profit making organization limited by guarantee and not having a share capital registered under the Companies Ordinance (Chapter 212 of the Laws of Tanzania).

HakiElimu was established in early 2001 by a group of 13 Tanzanian founder members. The group consists of some of the leading members of the civil society, academic, research, media, human rights and critical gender community in Tanzania. Collectively, the group represents over 200 years of experience in analysis, program development, activism and management, including specialization in education. Six of the thirteen members are women

Governance and Management Structure The HakiElimu members are the ultimate 'legal owners' of the organization and are responsible for providing overall leadership and oversight, including through the election of the Board of Directors and appointment of independent auditors. The Board of Directors is presently constituted of five persons, including the executive director who serves in an ex-officio capacity. The Board is responsible for the governance of HakiElimu, including setting overall policies and financial/operational guidelines, supervision of program implementation, and appointment of the senior management team. Board directors normally serve for a renewable term of two

years. Currently three of the five board members, including the Chairperson, are women. All staff are based in Dar es Salaam, except the community facilitators who are based in the Community Governance program districts.

The HakiElimu mission affirms the values of democratic governance, human rights, gender equity and meaningful public participation in decision-making. Consistent with our beliefs and ethics, HakiElimu is also committed to cultivating an explicit culture of openness, mutual respect, critical reflection and learning within the organization. We strive to practice these values in our programs, in relations with partners and affiliates and in internal processes. Where possible HakiElimu attempts to reach decisions through a process of consensus that encourages voicing of dissent and diverse viewpoints.

Organizational Culture Our method of operation is open, inclusive, informal, experimental and creative at the same time as we work towards achieving a clear sense of focus, purpose, strategy and action. The question of impact - what difference do we make - will be stressed in all its aspects: relevance, scale, quality and sustainability.

The Forum for African Women Educationalists (FAWE) It was created in 1992 as a response to the slow pace of implementation of Education for all goals in sub-Saharan Africa. www.fawe.org

Tanzania Media Women Association (TAMWA) See http://www1.umn.edu/humanrts/africa/tanzania.htm

A media NGO working to empower women journalists in Tanzania. www.tamwa.or.tz

History Structure Programme

The Lawyers' Environmental Action Team (LEAT) Is the first public interest environmental law organization in Tanzania. It was established in 1994 and formally registered in 1995 under the Societies Ordinance. Its mission is to ensure sound natural resource management and environmental protection in Tanzania. www.leat.or.tz

History Structure Programme

The Tanzania Gender Networking Programme (TGNP) Established in 1993, is a Tanzanian non governmental organization (NGO) working in the civil society sector, focusing on the practical promotion and application of gender equality and equity objectives through policy advocacy and mainstreaming of gender and pro-poor perspectives at all levels in the Tanzanian society, including the public and governmental sectors. www.tgnp.org

The Land Rights Research & Resources Institute (HakiArdhi) History Structure Programme

It was founded in 1994 and registered as a non-governmental not-for-profit company limited. www.hakiardhi.org

The Economic and Social Research Foundation (ESRF) http://www.esrftz.org/tell.asp History History Structure Programme

The Economic and Social Research Foundation was established in 1994 as an independent, not-for-profit institution for research and policy analysis. The formation of ESRF was based on the assumption that there was need and demand for an improved understanding of policy options and development management issues, and that the capacity for this was lacking in the Tanzania civil service. ESRF addressed this gap by putting into place qualified professional staff, modest resources and a favourable research environment for the analysis and discussion of economic and social policy. The primary objectives of the Foundation are to strengthen capabilities in policy analysis and development management and to enhance the understanding of policy options in the government, the public sector, civil society, and the donor community and the growing private sector.

Research on Poverty Alleviation, REPOA

http://www.repoa.or.tz/ History Structure Programme

undertakes and facilitates research, conducts and coordinates training, and promotes dialogue and development of policy for pro-poor growth and poverty reduction

World Vision-Tanzania Women Development and the LawWLDAF

References

Secondary Source of Information

These include textbooks such as:

General

Social Facts and Fabrication Customary Law on Kilimanjaro 1880-1980 by Sally Falk Moore, 1986 Intellectuals at the Hill: Essays and Talks by Issa G. Shivji, Dar Es Salaam University Press, 1993.

Constitutional and Administrative law

The Legal Foundations of the Union in Tanzanias Union and Zanzibar Constitutions. By Issa G. Shivji Dar Es Salaam University Press, 1990 The Law, State and The Working class in Tanzania: C. 1920-1964 by Issa G. Shivji Tanzanias Eighth Amendment and Its Implications by Harrison George Mwakyembe 1995 Constitutional and Legal System of Tanzania: A Civics Sourcebook by Issa G. Shivji, Hamud I. Majamba and Robert V. Makaramba, 2004. Utawala wa Kikatiba na Demokrasia Nchini Tanzania by Mtaki C.K and Baharoon S.A

Contract, Commercial and Company Law

A Sourcebook of Income Tax Law in Tanzania by Luoga F. D. A. Makinyika, Dar es Salaam Printers, April 2000 Non- Market Controls and the Accountability of Public Enterprises in Tanzania by Pascal Mihyo

Criminal Law and Procedure

Penal Policy in Tanzania by Shaidi L.P Law Relating to Bail in Tanzania by J. M Itemba, Dar Es Salaam University Press, 1991

Civil law and Procedure

Civil Procedure in Tanzania: A Students Manual by B.D. Chipeta, 2002

Family Law, Equity and Succession

The Legal Status of Women and Poverty in Tanzania by Magdalena K. Rwebangira

Labour Law

Manual for Transfer of Rights of Occupancy by Zebron Steven Gondwe, 2001

Land Law

Customary Land Law of Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. Essays in Land Law Tanzania by G.M Fimbo

Human Rights

Human Rights in Tanzania by Chris Maina Peter. Human Rights in Africa: A Comparative Study of The African Human and Peoples Rights Charter and the New Tanzanias Bill of Rights by Chris Maina Peter. Fundamental Rights and Freedoms in Tanzania by Chris Maina Peter and Ibrahim Hamisi Juma, 1998 Hadzabe of Tanzania Land and Human Rights by Madsen.

Insurance Law

Insurance Law in East Africa by Byamugisha.

Tort

Tanzania Cases and Materials on the Law of Torts by Tingiru Huaraka.

Legal Profession

The Legal Profession: The Legal Profession in Tanzania The Law and Practice. By Fauz Twaib

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