Category

Commercial Law

Commercial Law regulates and governs the direction of persons, merchants, and businesses who are involved in trade, sales, and commerce. Commercial law is also known as business law. This particular law interacts with many other areas of law, including environmental regulation, real estate, and food safety laws.

The main branches of the commercial law includes:

  • Consumer protection
  • Contract laws
  • Intellectual property laws

As mentioned previously, commercial law pertains to the laws that dictate transactions between consumers and businesses regarding commercial matters. It is also referred to as business law, mercantile law or commercial law.

  • Commercial law has had two distinct areas, which are the regulation of commercial entities through laws of partnership, company, bankruptcy, and agency and the regulation of business transactions through the laws of contract.

The laws of business have been around for a long time—you can read about it in history books. These laws can be observed in peace-guilds where members come together and pledge to stand by each other for protection.

 

What are Common Legal Issues Under Commercial Law?

Commercial laws are often connected with some distinct legal issues such as contract violations. As a matter of fact, contract violations make up a significant part of most commercial law legal issues.

Some transactions between businesses and their consumers involve a contract. The issue is normally related to the terms of agreement stated on the contract. Particularly, a breach of contract can cause significant losses for either party.

Aside from contract issues, some of the most common commercial law legal issues include:

  • Issues, violations and disputes with advertising and marketing
  • Issues with unfair competition
  • Problems in starting a new business
  • Transferring or terminating a company
  • Consumer complaints>
  • Protection of intellectual property and trade secrets

As mentioned previously, commercial law involves and crosses paths with several mixtures of different laws in other areas like environmental law or real estate law.

 

Are Commercial Law Disputes Handled?

Commercial law has many different options for handling disputes, unlike other areas of law such as criminal law. The solution to a dispute depends on the kind of violation or conflict that is involved in the situation. Some resolution includes:

  • Monetary damages for losses
  • Contract rescission for breach of contract
  • Injunction—a form of equitable remedy
  • Business mediation or other alternative dispute resolution methods

The resolution to the legal issue can be different depending on whether the liable party is a commercial merchant or an average citizen. In the case that many people are affected by a problem, commercial law requires a class action lawsuit.

 

What Does Commercial Law Cover?

Commercial laws exist to protect both businesses and their consumers. It helps to either avoid or resolve legal disputes. The laws under commercial law aim to ensure fair trade between the parties involved in the transaction.

However, that is not all it covers. There are laws and regulations from starting a company to the operation and to its possible closure.

Commercial law may include any of the following:

  • Business Formation
  • Employment Considerations
  • Immigration law
  • Sales of Consumer Goods
  • Contract drafting and negotiations
  • Intellectual Property
  • Taxes
  • Bankruptcy