Commercial Law Report: Analysis of Commercial Law and Brexit Effects

This report provides an overview of commercial law, focusing on the legal framework governing business transactions and contracts. It delves into the impact of Brexit on commercial law in the UK, examining how the departure from the European Union has affected contractual obligations, consumer rights, and trade agreements. The report discusses the termination of contracts due to Brexit, the emergence of new rules and regulations, and the amendments made to consumer law, including the Consumer Rights Act 2015. It also explores the significance of English courts in interpreting commercial law and the implications for UK companies trading with EU countries. The report analyzes key changes in consumer law, such as the implementation of EU consumer rights directives and the role of ADR (Amendment) Regulation Act 2015. It concludes by emphasizing the importance of adapting to the new legal landscape and maintaining commercial relationships with the EU. The report also highlights the importance of consumer protection and the various remedies available to both sellers and buyers. Overall, the report provides a detailed analysis of the changes in commercial law due to Brexit, offering insights into the complexities and challenges faced by businesses in the UK.

COMMERCIAL LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Commercial law is the legal body which applies to conduct of parties, rights as involved
in business (Goode, Kronke and McKendrick, 2015). All business organizations needs to comply
with law as applicable on them and legal advisors must ensures activities of clients accordingly.
Furthermore, particular contracts can be terminated due to departure of UK from Europe.
TASK
Commercial law also consists contract law which is legal body. In this concept two or
more parties are comes in contractual relationship with each other and try to fulfil their
obligations as well. They have to perform task as per terms and conditions mentioned under law.
After departure of UK from Europe all contracts are being terminated. Such situation change
commercial landscape, parties who already involved in contractual relationship are responsible to
measure their current contract and try to consider ways in order to exist from this legal term as
which is no longer beneficial for them and not provide continuous success to them. The specific
rights to termination is depends on terms and condition of legal contract. Adverse change and
rights are involved in this legal concept (Whaley and McJohn, 2016). Large number of
provisions are able to target different stages of process of Brexit. Several companies of UK
looking for considered some provisions in new legal contracts which are dealing which comes in
effects from exit of United Kingdom from European Union. After this Brexit various different
variations comes in effect related to provisions of contract. Some effective provisions of
European Union law are considered as significant for entire operations or performance of legal
agreement. Different terms and conditions mentioned under written legal agreement and both the
parties needs to perform their task accordingly. As they are bound to fulfil their obligations
which are imposed on them. English courts are responsible to follow those rules and they provide
decision in favour of commercial interpretation.
English law is considered as significant choice for parties who are engaged in comes in
contractual relationship with number of parties in worldwide related to new contract. After the
time of exit of UK from EU law (Moens and Trone, 2010). At the timing of framing of new legal
agreement they can avoid issue which created in relation of legal contract. Such process able to
develop rules, regulation and policies which imposed on parties. The validity of contract

mentioned under legal written document and parties may have to perform their task accordingly.
Furthermore, effective validity as well as effectiveness of legal agreement of contractual
relationship which are not able to having impact due to Brexit.
Commercial dispute also includes liability arise in tort law. Through which legal
authorities are able to resolve matter of parties which involve alligation of liability. Such
different types of disputes has been arise due to uncertainty in situation as well as large number
of risks involved in international cases (Coyle, 2010). Because this difficult to apply rules and
regulation and policies on international cases as they consists several rules. The legislation of the
EU laws are able to apply on commercial parties and allow them as well in advance. It governs
both laws either contractual rights or non contractual rights as well as liabilities. Some terms and
conditions are mentioned under contract law are as aligned below-
Parties- Single person is not able to form legal agreement with himself. So that, two or
more members are able to comes in legal contract and try to fulfil their obligation as imposed on
them. As they are bound to comply with rules and policies which are imposed on them.
Offer and acceptance- No contract can be frame without these two legal terms. One
person made offer and deliver the same to another person is known as offerer. On the other hand,
to whom offer is delivered is known as offeree. Offer and acceptance both needs to be clearly
explained and defined to each other.
Intension- In order to fulfil legal obligation, intention to create legal relations is
important for parties to perform their task in effective manner (Duffy and Hynes, 2016). If
without any intension parties comes in contractual relationship then such term procedure is
considered as void under law. Such type of not enforceable by law as well.
Consideration- Both parties are perform their duties or obligation in order to receive
consideration whether in form of money of any thing. Such thing is mentioned under written
document.
Written form- If contract has been framed in written form then it considered as evidence
for long time. All parties needs to sign the document and fulfil their obligation which are
mentioned under the same (Ellison and Boyd, 2013). Terms and condition by parties with mutual
consent also define time period in which need to perform their task in effective manner.

New rules- After exit of United Kingdom from EU law define new rules and regulation
has been created which are imposed on parties. Various types of amendments made by the
government of UK as are related to legal terms of contract.
After Brexit United Kingdom is continue to follow rules and policies of EU. Also the
government of UK make some necessary changes to consumer law at local level. According to
Consumer Rights Act 2015, various rights has been defined which are related to sales of goods
and services. Different remedies are also mentioned under this law which are able to protect
interest of bot seller and buyer (Drahozal, 2011). Cited legal procedure is able to focus on EU
and try to reduce issued which are created. The major issue is commercial law. Through this
legal authorities are able to maintain future relationship with European Union for long time.
After Brexit business organization s are wants to continue to sell their products and services in
EU market in order to increase their profit margin as well. After various arraignment made by
UK to sell goods and services to EU customers and needs to complying with their laws. Two
most significant changes comes in after Brexit. Consumer rights directed of EU needs to
implemented into legal authorities of UK such as Consumer Contracts Regulation 2013.
Recent consumer laws of UK are as aligned below-
Instigated law- Brexit not having impact on these types of laws. As they are not effected
in that situation. It is considered as consumer framework which is enacted by Consumer
Contracts Regulation 2013. This system is able to protect interest of people and maintain their
performance as well.
Derived law- Through this legal term large number consumers are able to survive in
situation of Brexit. Several types of EU laws are having impact on its members states through
various ways. The effective regulation of UK is able to directly applied on treaty (White and
Summers, 2010). It is procedure in which two or more states are comes in legal contractual
relationship with each other and try to fulfil their legal obligation as well which are imposed on
them. All members who frame legal agreement are select one representative who having required
skills and knowledge. Representative needs to understand terms and conditions which are
mentioned under written document of contract. In order to draft legislation directives are
responsible to require members states for convert them into law. After drafting of legislation
implementation of the same is having impact on Brexit. Through this legal procedure directives

are able to survive and helpful for entire country. ADR (Amendment) Regulation act 2015
consists article 14 of EU. Effective issues which are created in EU are easily getting resolve
through this process.
According to Consumer Rights Act 2015, both seller and buyer are responsible to frame
trade agreement and mentioned all relevant information about sell of goods and services. In
which buyers mentioned description of products they want to receive from seller and other party
mentioned rate and delivery date of goods (Ramsay and Stapledon, 2011). The trade agreements
needs to signed by both parties with mutual consent and have to agree same thing in same sense.
Through written document there is no confusion created among them and able to fulfil their
obligation as well in stipulated time period. For UK companies in order to sell goods and
services to domestic buyer, there are unlikely important modifications. Those business
organization wants to sell their products and services to EU buyers then it create lots of issues
while conducting transactions. Through which laws are able to protect interest of consumer at the
time of UK or exist from EU.
At the time UK is considered as customer protection regime in EU. It define various
rules, policies and procedure which are able to protect interest and rights of consumers. The main
aim of this law is provide better quality of goods and services to people according to their
expectation and try to meet with them as well. UK draft online products directives which is
helpful for distance selling (Tang, 2014). While remedies are available for both either seller or
buyer. Also consumers have to reject goods if they are not able to meet their level of
expectation. If seller can do so then bundle of remedies are mentioned under law which protect
interest of buyer. At the time of selling of goods and services, before perform such function,
sellers needs to deliver better quality which able to meet expectation of people. They do so then
court is able to imposed penalties of them equal to mentioned under provision of law. EU
consumer having right to take strict action against traders. Certain type of laws are applicable on
disputes and able to resolve matter of parties. Furthermore, it is continue after Brexit, the EU
customer law which starts with diverge from UK law of consumer. If defendant done some
wrongful act court is able to imposed penalties on them and defendant is responsible to pay
amount of compensation. Regulation, policies and procedure are related to goods safety as well
as its quality. There are various types remedies which able to protect right if parties and they try

to maintain their effective relationship. Also try to implement them according to the requirement
of law (Commercial Law. 2016). The Government of the UK have to frame some rules and
regulation in order to prevent existing laws which are enacted by acts of parliament.
CONCLUSION
On the basis of above report, it has been concluded that commercial law is related with
business, company and trade law which consists rights, conduct of parties and relation engaged
in every type of business organization. Various changes comes in regulation after departure of
United Kingdom from European Union.

REFERENCES
Books and Journals
Coyle, J.F., 2010. Rethinking the Commercial Law Treaty. Ga. L. Rev.. 45. p.343.
Drahozal, C.R., 2011. Private ordering and international commercial arbitration.
Duffy, J.F. and Hynes, R.M., 2016. Statutory Domain and the Commercial Law of Intellectual
Property.
Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Goode, R., Kronke, H. and McKendrick, E., 2015. Transnational commercial law: text, cases,
and materials. Oxford University Press.
Moens, G. and Trone, J., 2010. Commercial law of the European Union (Vol. 4). Springer
Science & Business Media.
Ramsay, I. and Stapledon, G.P., 2011. The influence of commercial law journals: citation
analysis.
Tang, Z.S., 2014. Jurisdiction and arbitration agreements in international commercial law.
Routledge.
Whaley, D.J. and McJohn, S.M., 2016. Problems and materials on commercial law. Wolters
Kluwer Law & Business.
White, J. and Summers, R., 2010. White and Summers' Uniform Commercial Code, 6th
(Hornbook Series). West Academic.
Online
Commercial Law. 2016. [Online] available through: <https://www.allaboutlaw.co.uk/stage/areas-
of-law/commercial-law>. [Accessed on 1st August 2017].