Commercial law

International Legal Research

Information about Commercial law in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

Commercial law

Introduction to Commercial Law

Commercial Law, body of law that relates to commerce and business transactions. Commercial law includes the laws that pertain to sales; negotiable instruments, such as checks and promissory notes; carriage by land and sea; insurance; brokerage; guaranty; and shipping. In the United States commercial law is administered by the same courts that administer other kinds of law. Originally little uniformity in commercial laws existed from one state to another. Attempts were first made in 1896 to create uniformity to facilitate interstate commerce. In 1952 the so-called Uniform Commercial Code was promulgated, and this code has been adopted by many states. (1)

Commercial law in the Encyclopedia

This subject in the Encyclopedia examines the practice areas of commercial law and practice, emphasising the common legal problems that plague successful commercial relationships. These range from the typical styles of commercial engagement, including agency, joint ventures and fiduciary relationships; the practical difficulties in ensuring that property assignments are successful; and the various means of financing commercial deals, including how courts distinguish between legal form and commercial substance in characterising security interests. The subject includes the general law as it applies to banks in commerce. Throughout, special attention will be paid to the different types of personal and proprietary remedies awarded for breach of commercial contracts, including the role of constructive trusts in a commercial context. All these issues are explored within the framework of typical commercial contracts and in the context of an assessment of the policies being pursued by the courts in enforcing the commercial deal.

Commercial law covers all the legal aspects of commercial transactions. It also covers the law relating to chattel leases, cheques, negotiable instruments, guarantees, sale of goods, product liability and the applicable provisions of the consumer legislation.

Relating to personal property transactions, Commercial law includes the concept of property in law, the Common law and statutory regimes which govern transfer of property and the concepts of finance and banking law in relation to personal property.

Principal topics include:

  • Personal property in commercial law
  • Issues of contractual doctrine and interpretation in commercial contracts
  • Issues in domestic and international sales
  • Money and payment systems
  • Secured financing
  • Specific forms of secured business finance
  • Commercial litigation.

Worldwide Commercial Law

Commercial Law

Contents of Commercial Law

Contents of this subject matter include:

  • Introduction to concepts of Personal property (possession and title)
  • Sale of Goods legislation
  • Introduction to Consumer law
  • Financing sales of goods (leasing and hire purchase/bailment)
  • Personal property securities under some pieces of legislation, such as the Personal Property Securities Act in Australia
  • Private international law (including digital issues)
  • International Sale of Goods

Commercial Law

Good faith

For additional information related to the definition of Good faith in connection to Commercial law, please visit the legal dictionary here.

Commercial Law/uncitral

In relation to the international law practice and commercial law/uncitral in this world legal Encyclopedia, please see the following section:

Private International Law

About this subject:

General

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on commercial law/uncitral in this law Encyclopedia.

Introduction

Commercial Law

This entry provides an overview of the legal framework of commercial law, with a description of the most significant features of commercial law at international level.

Related Work and Conclusions

Commercial Law

Resources

See Also

  • Legal System
  • Judiciary
  • Justice

Resources

See Also

  • Uniform Commercial Code

Resources

See Also

References (Papers)

  • Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min, Aug 2017
  • Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin, Jul 2017
  • Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Ruiyi Chan, Yiling Li, Jul 2017
  • Shareholder Protection Across Time, Brian R. Cheffins, Steven A. Bank, Harwell Wells, Jun 2017
  • One Toke Too Far: The Demise Of The Dormant Commerce Clause’s Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad Deveaux, Jun 2017
  • Marijuana Legalization And Nosy Neighbor States, Alex Kreit, Jun 2017

Resources

Worldwide General resources:

  • Gibson A and Fraser D, Commercial Law, 2nd edn, Lawbook (LBC Nutshell) 2006
  • Gillies P, Business Law, 12th edn, Federation Press 2004
  • Goode R M, Commercial Law, 4th edn, LexisNexis 2009
  • Pentony B, Understanding Business Law, 5th edn, LexisNexis Butterworths 2011
  • Sweeney B, Law in Commerce, 4th edn, LexisNexis Butterworths 2010
  • LexisNexis Butterworths 2011
  • Pentony et al, Understanding Business Law, 4th ed LexisNexis Butterworths 2008
  • Pearson et al, Commercial Law: Commentary and Materials, 3rd ed Thomsonreuters 2010
  • Griggs et al, Consumer Protection Law, 2008 Oxford
  • Moore G, Deceptive Trade Practices 2011 (only available directly from lecturer)
  • Tyree A, Banking Law in Australia, 6th ed LexisNexis Butterworths 2008
  • Palmer, Bailment, 3rd ed LBC 2009
  • Dal Pont, Law of Agency, 2nd ed LexisNexis Butterworths 2008

Specific

  • Graw S, An Introduction to the Law of Contract, 6th edn, Lawbook 2008
  • Khoury D, Understanding Contract Law, 8th edn, LexisNexis Butterworths 2009
  • Tong R, Sale of Goods, 3rd edn, LBC Information Services (LBC Nutshell) 2000

Useful Websites

  • In Australia: www.lawportal.nsw.gov.au www.accc.gov.au www.cch.com.au

Conclusion

See Also

Notes and References

  1. Encarta Online Encyclopedia

Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Adoption, Licence, Motherhood, Agricultural Law Estate Planning, Classification for Law Libraries, Codification, Codifications, studies and other ALI projects, Commercial Law Questions, Commercial Outlines and Briefs, Common law, Development International Law – Part 4, Development International Law – Part 5, European Thesaurus on International Relations and Area Studies, European Union law Part 3, European Union law Part 4, Family law questions, French Legal System, Hague Conference on Private International Law, International Commercial Arbitration, International Commercial Law, International Security4, International Trade Law Resources, International Trade and Commercial Relations resources, International commercial arbitration, International economic law sources, International trade law Part 20, International trade law Part 3, International trade law Part 6, International trade law Part 9, International trade law0, Investment treaty law and arbitration articles, LEGAL ALMANAC SERIES Law for the Layperson, Law Classification, Law Guides list, Law Journals Abbreviations and Acronyms, Law Journals ranking worldwide, Law global results of the 200 top searches in Google, Legal Associations, Legal subjects, Legal topics, Lex Mercatoria, Library of Congress Classification Class K, Linked Data Principles to Legal Information, List of Arbitration, Training and Education Law e-Journals, List of Commercial and International Trade Law e-Journals, List of English Reports, List of European and UK Online Journals, List of International Law Online Journals, List of Tax Law e-Journals, List of United Kingdom Court Reports, List of international law publications in english, Massachusetts State Bar CLE Publications, Missouri State Bar CLE Publications, Network 17, Networks 10, Networks 11, Networks 12 2, Networks 4, Networks 7, Networks 8, New Lex Mercatoria, Other ALI projects, Outline of Sources of public international law, Outline to Global Business Law, Rotterdam Rules, Speech on the Government of India, Top Specialized US Law Journals, Trade law Part 22, Trade law Part 32, Trade law Part 33, Trade law Part 6, Trade law Part 60, Trade law Part 7, Trade law Part 9, Trade law0, Trans-Lex.

The Legal History of Commercial Law

This section provides an overview of Commercial Law

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading

Spanish Translation of commercial law

This is the legal translation of English to Spanish in relation to commercial law and / or a definition of this topic: Derecho Mercantil (in Spanish, without translation of the dictionary entry).

Hierarchical Display of Commercial law

Trade > Trade policy
Law > Civil law > Civil law > Law of obligations
Finance > Insurance > Insurance > Insurance law
Finance > Financial institutions and credit > Banking > Law of banking
Business And Competition > Business organisation > Business activity > Liquidation > Bankruptcy
Law > Justice > Judicial proceedings > Alternative dispute resolution
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Industrial counterfeiting
Business And Competition > Business organisation > Business activity > Liquidation
Trade > Marketing > Commercial transaction
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Trademark > Trademark law
Employment And Working Conditions > Employment > Employment policy > EU employment policy > Right of establishment
Law > Civil law > Civil law > Contract
Law > International law > International economic law > International trade law
Law > Sources and branches of the law > Legal science > Private law
Trade > Distributive trades > Distributive trades > Goodwill
Business And Competition > Competition > Competition law
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Patent > Patent law
Law > Sources and branches of the law > Source of law > Legal code > Commercial code
Law > Organisation of the legal system > Legal system > Ordinary court of law > Commercial court
Business And Competition > Business organisation > Company law
Trade > Consumption > Consumer > Consumer protection > Consumer law

Commercial law

Concept of Commercial law

See the dictionary definition of Commercial law.

Characteristics of Commercial law

Resources

Translation of Commercial law

Thesaurus of Commercial law

Trade > Trade policy > Commercial law
Law > Civil law > Civil law > Law of obligations > Commercial law
Finance > Insurance > Insurance > Insurance law > Commercial law
Finance > Financial institutions and credit > Banking > Law of banking > Commercial law
Business And Competition > Business organisation > Business activity > Liquidation > Bankruptcy > Commercial law
Law > Justice > Judicial proceedings > Alternative dispute resolution > Commercial law
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Industrial counterfeiting > Commercial law
Business And Competition > Business organisation > Business activity > Liquidation > Commercial law
Trade > Marketing > Commercial transaction > Commercial law
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Trademark > Trademark law > Commercial law
Employment And Working Conditions > Employment > Employment policy > EU employment policy > Right of establishment > Commercial law
Law > Civil law > Civil law > Contract > Commercial law
Law > International law > International economic law > International trade law > Commercial law
Law > Sources and branches of the law > Legal science > Private law > Commercial law
Trade > Distributive trades > Distributive trades > Goodwill > Commercial law
Business And Competition > Competition > Competition law > Commercial law
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Patent > Patent law > Commercial law
Law > Sources and branches of the law > Source of law > Legal code > Commercial code > Commercial law
Law > Organisation of the legal system > Legal system > Ordinary court of law > Commercial court > Commercial law
Business And Competition > Business organisation > Company law > Commercial law
Trade > Consumption > Consumer > Consumer protection > Consumer law > Commercial law

See also

  • Commercial legislation

Leave a Comment