SECTION A

i. Arbitration
A process in which a disagreement between two or more parties is
resolved by impartial individuals, called arbitrators, in order to
avoid costly and lengthy litigation.
ii. Distinction between Common law and Statute law
Statute law
It is written law formed through Acts of Parliament. For example,
employment and Labour Relations Act, 2004 and The Occupational
Health and Safety Act, 2003.
Common Law
It is unwritten law that originates from acceptable custom and
practice. For example, employment contracts, law of torts.
iii. A contract is an agreement, but not every agreement is a contract.
Discuss.
Before an agreement is a contract, it has to satisfy some conditions
such as employer obligations, employee obligations, age, sanity, and
legal status.
iv. Difference between “ a contract of service” and “ a contract for
service”
Contract of service
An agreement between employee made with the employer to have a
continuous service relationship for a specified time.The employee
gets legal rights for example not to be unfairly dismissed.
Contract for service
It is an agreement made between an independent contractors to
perform some specified job. Once this job is done successfully to
completion, the contract is over
v. Functions of Trade Unions
To protect employees from unjust treatment from employers
To promote legitimate interest of people especially in political and
social affairs

vi. Two types of agreements, Substantive and Procedural Agreements

Substantive
The formal written agreements which contain the terms of
employment such as Wages, bonus/incentives, working hour
changes, holiday entitlement, sick payment arrangements, pension
arrangements, staffing levels, productivity improvements, etc.
Procedural
The formal, written procedures which act as voluntary code of
conduct for both managers and trade union representatives.
These include, recognition of trade unions, trade union regulations,
representation, defining the subjects for substantive bargaining,
developing procedures to handle industrial disputes, developing
procedures to handle grievances, defining rules to declare
redundancies, arrangements to collect trade union subscriptions, etc.
vii. Conditions necessary for collective dispute to be considered valid
 The dispute must be between the workers and their own employer. 
 The dispute must concern issues on the terms and conditions of
employment 


viii. A. In a work place who initiates disciplinary matters

Disciplinary matters are initiated by management.
B. Behavioral groups which follows under disciplinary actions are
:
 Poor performance
 Misconduct
 Gross misconduct


ix. 4 main aims why we need standards

 Global trade – Quality requirements 
 Interchangeability – Important for mass/large production of
parts
 Used as a means for Communication 
 Safety

 Consumer interest


x. A. Two main types of protected rights under Intellectual property

 Economic Rights 
 Moral Rights 


B. Patent
A patent is a set of exclusive rights granted by a state or national
government to an inventor or his/her assignee for a limited period
of time in exchange for a public disclosure of an invention.
SECTION B

Question 2
After studying this module of Laws for Engineers discuss on areas
where you covered matters related to commercial Law.

Question 3
When interpreting Statutes there are stages where Presumptions are
made and the most controversial are those enshrine the values of a
capitalist society. Discuss two examples of such presumptions.
Presumptions are instances when the duty of the judges goes beyond
automatic enforcement of the dictates of Parliament. The judges’
function is also to do justice in accordance with settled principles of law
in a free society.
Two examples of Presumptions
 The presumption against interference with vested rights
 The presumption against the taking of property without
compensation, and
 The presumption against interference with contract.
Question 4
Describe the main stake holders of the Employer – Employee relation
forum, elaborating their major interests in the working environment. In
the discussion explain the term, Collective bargaining which is done
through trade unions. Also name the features indicated by way of
Collective bargaining.
Question 5
The Tanzania Bureau of Standards (TBS) was established under which
Ministry? Discuss three main functions of TBS.
Tanzania Bureau of Standards (TBS) was established under the
Ministry of Industries and Trade by an Act of Parliament, The Standards
Act No.3 of 1975 as the National Standards Institute and became
operational in April 1976
3 main functions of TBS
i. To undertake the testing of product samples drawn by TBS inspectors
in the course of
o
implementing standards (certification samples) 
o
Or as requested by manufacturers (type-testing samples). 



ii. To undertake calibration of industrial and commercial measuring

equipment and instruments in the areas of mass, length, volume,
energy, temperature etc.


iii. To improve the quality of industrial products both for export and local
consumption through various certification schemes

iv. To promote standardization and quality assurance services in
industry and commerce through training of personnel in:
o 
o
company standardization,
o
quality assurance

o
quality improvement
and laboratory techniques


v. To implement the promulgated standards through a third party

Standards Mark Certification Scheme.

vi. Formulation and promulgation of Tanzania standards in all sectors of

the country's economy
Question 6
a. List 5 main functions of the National Environmental management
Council (NEMC)
i. The functions of the Council shall be to advise the Government
 on all matters relating to the environment, and in particular the
Council
ii. Formulate policy on environmental management and recommend
its implementation by the Government
iii. Co-ordinate the activities of all bodies concerned with
environmental matters and serve as a channel of communication
between these bodies and the Government
iv. Formulate policies and programs which will achieve more
effective management and enhancement of environmental quality
v. Recommend measures to ensure that Government policies,
including those for the development and conservation of natural
resources, take adequate account of environmental effects; Foster
co-operation between the Government, local authorities and other
bodies engaged in environmental programs
vi. Stimulate public and private participation in programs and
activities for the national beneficial use of natural resources;
vii. Seek advancement of scientific knowledge of changes in the
environment and encourage the development of technology to
prevent or minimize adverse effects that endanger man’s health
and well-being
viii. Specify standards, norms and criteria for the protection of
beneficial uses and the maintenance of the quality of the
environment
ix. Establish and operate a system of documentation and
dissemination of information relating to the environment;
x. Undertake or promote general environmental educational
programme for the purposes of creating an enlightened public
opinion regarding the, environment and the role of the public in
its protection and improvement
xi. Perform such other functions as the Minister may assign to the
Council, or as are incidental or conducive to the exercise by the
Council of all or any of the preceding functions.

b. Within the Standard Tendering Document, in Section IV of the

Grouped Provisions, there is a provision for Standards Forms,
 Qualification Information, Tender Security and Bank Guarantee
for advanced payment. What do you understand by this information
which is to be furnished by the successful tenderer ONLY.
PROVISION FOR STANDARDS FORMS
QUALIFICATION INFORMATION
TENDER SECURITY
BANK GUARANTEE FOR ADVANCED PAYMENT

Question 7
a. Discuss the composition of the Safety Committee in Industry
i. The composition of the safety and health committee should be
agreedbetween the employer and the workers’ union
representatives on consultative basis.
ii. At least the management part should include a line manager and
a health specialist.
iii. The employee’s part should at least include some of the safety
representatives.
iv. The committee must hold regular meetings to cope with the
demands whereby the formal meeting procedure of having an
agenda, minutes being taken and action proposals be deliberated.

b. What are the functions of the Safety Committee in Industry

i. To study the trends of accidents with the intention of
recommending corrective actions.
ii. To examine safety reports and give recommendations on
how to prevent accidents.
iii. To examine and discuss reports from factory inspectors.
iv. To propose new or revised safety procedures.
v. To make link between the organization and the factory
inspectors.
vi. To monitor and evaluate the organization’s safety policies and
practice and to recommend any changes.