Commercial cases

Commercial cases are current or past court disputes which involve commercial matters. The majority of commercial cases involve contract law, although there may be other areas of law which deal with commercial matters.

The common-law system uses past cases to define the law. Past commercial cases have therefore shaped the commercial laws of England and Wales. Some areas of law, such as tort, are almost exclusively defined by common law. This is not the case in commercial law, where Parliament is responsible for shaping much of it. When Parliament passes a commercial act, such as the Sale of Goods Act 1979, it can change the law relating to commercial matters and overrule existing commercial cases which are at the time considered to be good law.

Commercial cases, and the rules and guidance they provide, have different levels of force depending on three factors:

1) The court in which the original case was decided (the higher the court, the more force the decision has)

2) The court in which the existing case is now being considered (if it is a higher court than the original, the original decision is merely persuasive, if it is a lower court, it is binding)

3) The relevance of the facts (if the facts are similar the decision is more likely to be followed)

Commercial cases can provide you with guidance and rules about commercial law. However, it is crucial to remember that a past case may always be overturned by both the courts and parliament, and that no two cases are exactly the same, which means your decision may vary from the case you are relying on. The use of a specialist solicitor who is experienced in such matters is highly recommended.

If you would like to obtain legal advice on commercial case, Contact Law can put you in touch with a local Commercial Solicitor free of charge. So, if you have any questions or would like our help in finding local Commercial Solicitors please call us on 0800 1777 162 or complete the web-form above.