Corporate & Commercial Law

Commercial law (or mercantile law) refers to a broad area of law concerned with various business transactions across different industries and sectors, including sale of services and products, leases, license agreements, principal and agent relationships, lending transactions and forms of security, and many more. It interacts with many other areas of law and can be broken up into sub-categories such as contract law, company law, intellectual property law and consumer protection law to name a few. Commercial law is a branch of civil law and involves issues pertaining to both private law and public law.

Company law is the body of law that governs the rights, relations, obligations and conduct of persons, companies and businesses. Businesses can be run through various different forms, whether incorporated such as  public or private for-profit companies, non-profit companies or unincorporated entities such as sole proprietorships or partnerships. Company law determines the consequences that flow depending on which form or entity through which a business is conducted.

Contracts provide a written record of an agreement reached between parties.  A properly drafted contract will cover the essential elements of the type of legal relationship between the parties (for example an agreement regulating the sale of products must contain certain essential clauses to be a valid sale that results in the transfer of ownership to the purchaser), it will clearly set out the rights and obligations of each party, it will define the duration of the agreement and it will set out the remedies available to the parties in the event of breach. It should provide certainty on the rights and obligations flowing from each relationship. Furthermore, in the absence of a contract the common law principles that have been determined by our courts will apply. These may not be advantageous to a party. Commercial lawyers understand the common law principles and know when to include provisions that ensure that the parties agree on the manner to regulate various aspects that ensures that the common law principle will not apply.

Negotiating, drafting or reviewing agreements, terms and conditions, sureties, and other documents of a business nature. 

Commercial lawyers have a grasp of the vast number of laws that play a role in business transactions, including the laws regulating the forms that businesses can take and the laws regulating the diverse area of legal relationships and transactions. Commercial lawyers understand contracts and are able to quickly identify risky provisions, and propose compromises that provide protection and are agreeable to the other party. This is based on their experience and practical knowledge of the types of provisions found in contracts. Commercial lawyers assist with ensuring that any transaction lawfully achieves the businesses strategy and objectives while limiting potential risks. 

Caveat is a virtual organisation with lawyers qualified in many jurisdictions and based in locations across the world.