Tuesday 8 January 2013

Why Might my Small Business need Commercial Law Advice?


Your business is undoubtedly one of the most important factors of your life so the last thing you want to do is jeopardise it through not getting the right legal advice. You probably have a lawyer at present who handles your day to day legal issues but how much do they know about the intricacies of commercial law?

What is commercial law?

Commercial law is a branch of the legal system that governs the sale or purchase of goods and/or services as a business. In other words, any sale you make to a customer/client and every purchase you make from a supplier is governed by commercial law rather than private law in the event of a dispute. 
Any contracts you write are also subject to this arm of the law. It doesn’t matter whether they are customer contracts, supplier contracts or employer/employee contracts they still need to be worded to protect you in the event of a dispute.

And commercial disputes are the main reason why you, as a small business owner, need commercial law advice from a specialist solicitor.

Commercial disputes

Commercial disputes can arise out of the smallest error or misunderstanding but they can be devastating to you and your business. For example, let’s say you own a hotel that caters for wedding receptions. One couple decide they want a hog roast and you need to order it from an outside source, but on the day the hog roast doesn’t turn up and your clients are left devastated. They later decide to sue you for the distress caused and the fact that they didn’t get the service they were promised.

- How do you stand in terms of commercial law?
- Can you file a commercial dispute claim against the supplier of the hog roast?
- Do you have a water-tight contract that sets out the process to be followed in the event of a dispute?
- Does your private law solicitor understand commercial law enough to go through a litigation process in court?

A private law solicitor may have put your contract together or it may have been written by the company that were due to supply by the hog roast. Either way it may leave things unclear as to what you can and can’t claim for.

Getting the right advice

Getting commercial law advice from a specialist solicitor from the start is a better option than trying to sort out problems and disputes when they occur. The business industry is very much ‘survive or sink’, and especially if you are part of a competitive niche or market. Any help you can get to make life easier is going to help in the long run, and a solicitor or lawyer versed in commercial law is a must.

Even the smallest business will have some form of supplier and hopefully a number of clients and any one of them can file a dispute at any time. As a small business owner you need to be prepared for any eventuality, and quality commercial law advice is definitely a good first step. 

Image source: http://www.flickr.com/photos/irsein/5144677794/     

No comments:

Post a Comment