Common Commercial Law Legal Issues
What's Commercial Law? Commercial law is a huge body of civil law, which governs the behaviour of corporations, partnerships, retailers, businesses, and people who are engaging in trade, sales, and earnings to others. Also called, commercial law, it is an expansive area of criminal law that interacts frequently with other different areas of criminal law such as corporate and domestic litigation, public health, food safety, consumer protection, intellectual property, tax, and environmental protection. Within industrial law there are three main areas: property and casualty law, corporate law, and fraud and guarantee. Although all of these areas are significant in commercial law, the two which are the most commonly known are the property and casualty and corporate and business law.
Property and casualty would be the area of civil law dealing primarily with the financial losses caused by injury, death, or damage to an individual's business. Civil liability arises when a company or partnership causes harm or losses to an individual's business or that of another individual. Commonly, one may have a claim for civil and material losses related to breach of contract, negligence, strict liability, etc..
Civil obligations arise when a person contracts with another party. Contract law is the body of civil law requiring arrangements made by parties. Intellectual property law pertains to the protection of proprietary rights found in a variety of forms such as patents, trademarks, copyrights, trade secrets, etc.. Civil and substance liability concerns itself with the breach of contract law and also attendant negligence.
Fraud and Warranty are just two of the more recognized areas of commercial law. Fraud occurs when someone tells you that you cannot lose money or something will happen and it does not happen. Fraud can be in the kind of misleading information, false advertising, or a misrepresentation of facts. A guarantee is an agreement not to terminate the contract in the event that the customer receives a product that is defective or not as described. The warranties which are supplied under commercial law cover a broad array of situations including advertisements.
Negligence can arise in commercial law disputes for many reasons. Commercial disputes may involve suppliers, manufacturers, wholesalers, distributors, employees, and others who have a duty of care towards others. In these situations the party which has a legal obligation may behave unreasonably or negligently. A party that engaging in irresponsible behavior can be held legally accountable.
When commercial law disputes arise, it is necessary for parties involved to have an experienced attorney on their side. An attorney understands the importance of properly addressing disputes. The process of commercial law disputes is much different than resolving any other kind of personal or property dispute. The first step to resolving commercial disputes involves identifying a party that's responsible for the dispute. After identifying the party, the attorney can then participate in discovery activities in order to obtain additional evidence to assist in resolving the dispute. Once the party who is responsible for the dispute has been identified, the attorney can then proceed with the dispute resolution process.
One of the most popular commercial law legal problems involves copyright violations. Intellectual property is one of the most important things that a company can protect. Violating the rights granted to an intellectual property owner can result in significant legal actions and financial losses for the business. A commercial law firm that represents an individual or small business may be well-served by developing a special copyright search strategy.
If you have been the victim of a cyber-intellectual property crime, you should contact a corporate and business law firm today. A corporate and business law attorney can help you determine the validity of your complaint and provide advice on how to proceed in resolving your matter. Commercial and corporate law firms are experienced in all types of IP cases, including cyber-infringement, commercial infringement, trademark and domain name infringement, in addition to intellectual property theft. If you've been the victim of cyber-intellectual property crime, we can help! Contact a corporate and commercial law firm today.