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Areas of Business and Commercial Law

By Edited Feb 10, 2014 0 0

A business and commercial attorney handles the legal concerns with regard to business and commercial transactions.

Business and commercial law is considered a branch of civil law that deals with issues of both private and public law.

It deals with sales, secured transactions, negotiable instruments and debtor and creditor law.

Sales and Lease


Most states use Article 2 of the Uniform Commercial Code or UCC to govern the contracts for the sale/lease of goods.


Under the Uniform Commercial Code, a sale is defined as an agreement to transfer the title of the goods from the seller to the buyer for a fee.


Goods are defined as products that are movable at the time of the contract for the sale or lease. The UCC also regulates the following aspects of sales:


· Contract formation
· Contract modification
· Contract performance
· Remedies to conflicts and disputes
· Sales warranties
The most common warranties covered under UCC are:
· Warranty of title
· Implied warrant of merchantability
· implied warranty of fitness for a specific purpose
· Express warranties


Secured Transactions


A secured transaction happens when a borrower agrees that a lender may take collateral that he owns if he defaults on his loan.


The law that covers secured transactions is also under the Uniform Commercial Code.


Article 9 of the UCC regulates the structure of a secured transaction agreement and the resolutions of disputes that may arise from it.


Negotiable Instruments


Negotiable instruments refer to specialized documents that represent money to be transferred to another. Some of the most common forms of negotiable instruments are:
· Check
· Promissory note
· Bill of exchange


Most states use article 3 of the Uniform Commercial Code to govern and regulate issues surrounding negotiable instrument transactions.


Debtor and Creditor Law


Credit gives people the benefit of borrowing or leasing in the present with the promise to pay in the future.


Most credit transactions nowadays are conducted through loans and credit cards that are issued through banks and other financial lending institutions.


However, some companies still offer direct credit and financing to their customers.


If that is the case, it must be compliant with existing credit laws like:
· Fair Credit Reporting Act (FCRA) – Regulates collection, dissemination and use of consumer information.
· Truth in Lending Act (TILA) – Requires companies to perform clear disclosure of key terms of the lending agreement.
· Fair Credit Billing Act – Protects consumers from unfair and illegal billing practices.
· Fair Debt Collection Practices Act (FDCPA) – Protects consumers from abusive debt collection practices and provides them avenues for disputing and getting validation of debt information.
· Equal Credit Opportunity Act (ECOA) – Protects consumers from being discriminated against in any aspect of credit transaction.


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