Outline of commercial 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:

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.

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
- Copyright law
- Patent law
- Trademark law
International trade law
Labour law
Insurance law

By region

European company law
- French company law
- German company law
- United Kingdom company law
  - Unfair prejudice in United Kingdom company law
Corporate law in Vietnam
United States corporate law

Closely related areas of law

Legal aspects of computing
Ecommerce Law
Privacy law
Property law
Tax law

Commercial law occupations

Corporate lawyer

History of commercial law

History of companies
History of company law in the United Kingdom
- Lex mercatoria

Business entities

Types of business entity
Juristic person
- Company (law)
- Corporate law
  - Corporation
  - Incorporation (business)
    - Delaware corporation (United States )
- 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

Intellectual property
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
- Public domain
- Trade secret
- Patent
- Trademark
  - Genericized trademark
  - People's Republic of China's trademark law
- Copyright
  - Fair dealing
  - Copyright infringement of software
  - List of copyright case law
Industrial design rights

Dispute resolution

Dispute resolution
- Alternative dispute resolution
- Arbitration
  - Binding arbitration

General commercial law concepts

Employment
- Sexual harassment
- Non-disclosure agreement
Bankruptcy
Blue law
Civil law notary
Class action
Cyber law
- Online Copyright Infringement Liability Limitation Act
estoppel
Financial regulation
Fraud deterrence
International trade law
Law and economics
Land use
Letter of credit
Malpractice
Notary public
Negotiable instruments
Property law
- Real property
- Security interest
  - Mechanics lien
Product liability
- Negligence
- Proximate cause
- Mandatory labelling
Racketeer Influenced and Corrupt Organizations Act
Release
Torts
Uniform Commercial Code
Lex mercatoria

Commercial law organizations

International Technology Law Association
Student Intellectual Property Law Association
American Law and Economics Association

Commercial law publications

Columbia Business Law Review
Currents
European Business Law Review
Florida State University Business Review
Law and Business Review of the Americas

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).

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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).

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