Outline of commercial law

Commercial law – body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. It is also called business law.

"I have treated within the purview of commercial law all those legal principles, from whatever branch of law they are drawn, which regularly surface in commercial disputes. It has long seemed to me that there is an unfortunate gulf between the commercial lawyer and the property and equity lawyer. Contract, sale of goods and negotiable instruments are accepted as falling within the domain of the former, equitable interests and conflicting real rights within the latter's field of expertise. But in the world of business, problems do not divide themselves into neat packages. ... The practitioner has to be familiar with the principles of each of these fields of law in order to be able to give sound advice to his client."

-- Professor Sir Roy Goode, QC[1]

The following outline is provided as an overview of and topical guide to commercial law:

What type of thing is commercial law?

Commercial law can be described as all of the following:

Branch of law – law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.[2]

Branches of commercial law

Companies law
- Corporate law
- Corporate governance
Competition law (antitrust)
Consumer protection
Contract law
Environmental law
Intellectual property law
International trade law
Labour law
Insurance law

By region

Closely related areas of law

Commercial law occupations

Corporate lawyer

History of commercial law

Business entities

Types of business entity
Juristic person
- Company (law)
- Corporate law
  - Corporation
  - Incorporation (business)
    - Delaware corporation (U.S.)
- Limited liability company
- Fiduciary
  - Partnership
  - Agency
    - Escrow
  - Trustee of a trust or executor of an estate; see also trusts and estates
    - Charitable trust
- Foundation
- Association
- Cooperative

Contracts

Contract
- Consideration
- Duress
- Warranty
- Breach of contract
  - Remedy
    - Lien
- Types of contracts
  - Adhesion contract

Intellectual property

Dispute resolution

Dispute resolution
- Alternative dispute resolution
- Arbitration
  - Binding arbitration

General commercial law concepts

Commercial law organizations

Commercial law publications

References

R.M. Goode (2004). Commercial Law (3rd ed.). Penguin. p. xxvii. ISBN 978-0140289633.
Robertson, Crimes against humanity, 90; see "analytical jurisprudence" for extensive debate on what law is; in The Concept of Law Hart argued law is a "system of rules" (Campbell, The Contribution of Legal Studies, 184); Austin said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, John Austin); Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin, Law's Empire, 410); and Raz argues law is an "authority" to mediate people's interests (Raz, The Authority of Law, 3–36).

External links

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[1] R.M. Goode (2004). Commercial Law (3rd ed.). Penguin. p. xxvii. ISBN 978-0140289633.

[2] Robertson, Crimes against humanity, 90; see "analytical jurisprudence" for extensive debate on what law is; in The Concept of Law Hart argued law is a "system of rules" (Campbell, The Contribution of Legal Studies, 184); Austin said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, John Austin); Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin, Law's Empire, 410); and Raz argues law is an "authority" to mediate people's interests (Raz, The Authority of Law, 3–36).