Commercial Contracts

Commercial contract law in the United States governs how contracts between businesses are formed, performed, and enforced. A contract is a legally binding agreement between two or more parties that creates an obligation to do or refrain from doing a particular thing. To ensure the contract is comprehensive and beneficial to your needs and wants, it's essential to consult with a business lawyer.

Types of Commercial Contracts:  There are different types of contracts, including sales, service, employment, lease, and non-disclosure agreements, each with unique requirements. A commercial contract attorney can perform many tasks for your business to make sure that your operations flow smoothly, with minimal legal issues.

Formation of Contracts:  To be legally enforceable, a contract must meet specific requirements, including offer, acceptance, consideration, and the intention to create legal relations. The terms of the contract must also be sufficiently defined and certain.

Performance of Contracts:  Once a contract is formed, the parties are obligated to perform their obligations under the contract. Failure to perform may result in a breach of contract, which can lead to legal action and damages.

Enforcement of Contracts:  If a party breaches a contract, the non-breaching party may seek legal remedies such as damages, specific performance, or termination of the contract. Enforcing a contract can involve litigation or alternative dispute resolution methods such as mediation or arbitration.

The Uniform Commercial Code (UCC)

The UCC is a set of model laws governing commercial transactions in the United States. First published in 1952, the UCC has since been adopted, with some variations, by all 50 states and the District of Columbia. It provides a uniform framework for various commercial transactions, including the sale of goods, commercial paper, bank deposits and collections, letters of credit, and secured transactions.

Divided into nine articles, each covering a specific area of commercial law, some of the key provisions of the UCC include:

  • Article 2: Governs the sale of goods, including contracts for the sale of goods, warranties, and remedies for breach of contract.
  • Article 3: Covers negotiable instruments, such as checks, promissory notes, and bills of exchange.
  • Article 4: Regulates bank deposits and collections, including procedures for the handling of checks and other payment instruments.
  • Article 9: Deals with secured transactions, such as the creation and enforcement of security interests in personal property.

By providing a standardized set of rules and guidelines for commercial transactions, the UCC promotes efficiency and consistency in business dealings across different states. It also provides businesses with a clear legal framework for entering into and enforcing contracts, which helps to reduce the risk of disputes and other legal problems.

Small Business Law:

    - LLCs

    - Commercial Contracts

    - Asset Transactions

    - General Business Law

 

____________________

 

Relevant Blog Posts:

    - Contract Essentials for NYS Small Businesses

    - Small Business Law Posts

 

This material is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this content. The information presented here may not reflect the most current legal developments.  Please consult a qualified attorney for advice tailored to your specific situation.