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Frequently Asked Questions About Business and Commercial Law

Q: What body of law governs a contract for the sale of goods?

A: A contract for the sale of goods is governed mainly by state law. Most states have adopted Article 2 of the Uniform Commercial Code (UCC) which provides rules for all phases of a sales contract including formation, modification, performance and available remedies in the case of a breach.

Q: What body of law governs a lease of goods?

A: A contract for the lease of goods is also primarily regulated by state law. Most states have adopted Article 2A of the Uniform Commercial Code (UCC) which pertains to leases of goods.

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The Sale, Lease and Distribution of Goods

Contracts for the sale, lease and/or distribution of goods are primarily governed by state law. However, most states have adopted the Uniform Commercial Code (UCC) with regard to these topics. A business and commercial law attorney can assist you with your UCC questions.

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Secured Transactions and Negotiable Instruments

Secured transactions and negotiable instruments are two important areas of commercial and business law. In a secured transaction a borrower agrees that the lender may take property owned by the borrower as collateral should the borrower default on a loan; in other words, it is a way to secure a loan. A negotiable instrument is a writing that promises the payment of a fixed amount of money. Both of these areas are essential to modern business loans and everyday transactions.

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Consumer Credit: Debtor and Creditor Laws

Credit allows people to promise to pay in the future in order to buy or borrow in the present. Credit is vital to our system of commerce and is used every day by businesses and consumers. An understanding of the laws governing consumer credit is vital to protect your own interests, whether you are the creditor, a business owner, an entrepreneur or a lending agency.

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The Formation and Management of Business Entities

Most businesses are well served by choosing a variation of one of the four major organizational forms: (1) sole proprietorship, (2) partnership, (3) limited liability company and (4) corporation. Each has its own specific advantages and disadvantages. A core focus on the personal liability ramifications and tax implications of each type of entity should guide a new business owner in his or her selection.

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