Unfortunately, when a dispute arises, a contract is scrutinised even more closely as parties attempt to determine their rights in a given situation. Getting it right in contractual dealings should begin as soon as you consider or are approached to enter a contract, whether with a supplier, financier, or customer.
What Is a Commercial Contract?
A commercial contract is a legal agreement between two or more parties to an arrangement created to carry out a business transaction. It is subject to particular statutory and common law rules.
For instance, a contract between a supplier and a manufacturer is needed to supply goods produced offshore at a set price and time scale. In addition, both parties agree that the manufacturer will not hold the supplier liable for any damage to the goods caused during shipment.
What’s the Purpose of a Commercial Contract?
Commercial contracts are primarily made for legal enforcement due to a business transaction. The parties to a contract often wish to provide for certain obligations and liabilities arising from that business transaction. Essentially, the parties to a contract are entering into a legally enforceable agreement, which is designed to provide for the rights and liabilities arising from the agreement.
In addition, a commercial contract can have several other purposes, such as revealing the identity of a party to the contract and their relationship with each other, fixing a price, selling a product and setting the terms of ownership, title and risk.
What Are the Risks of Commercial Contracts?
Commercial contracts are not always performed as expected. This can result in significant financial consequences.
To perform their contractual obligations, parties must determine how they are to act and how they expect the other party to act. This process is known as ‘bargaining’ and results in the parties agreeing upon the contract terms. The parties in the contract draft the terms of the agreement.
Non-disclosure could also happen, meaning a breach of contract through failure to disclose conditions relevant to the contract negotiations.
Moreover, duress, which is the breach of contract through the wrongful use of threat, could also occur.
What’s New With Commercial Contracts?
A commercial contract should be carefully prepared to accurately reflect the parties’ intentions. It should be carefully designed to act on the parties’ preferences rather than make someone else’s life difficult.
Therefore, review your contract regularly, as circumstances can change and parties can become ill or die, or the financial climate can change, making the terms of the agreement no longer viable.
Moreover, there are various new competition laws, including unfair contract terms and consumer protection laws, which apply to commercial contracts. It is essential to be aware of these laws and the obligations they may impose when doing business.
Conclusion
Contract law is a highly developed and sophisticated body of law that can have far-reaching financial consequences. Businesses need to consider their contractual rights and obligations to protect themselves and their businesses.
If you are looking for trusted commercial lawyers in Brisbane, you can count on GLG Legal. We provide our clients with real-world solutions to meet their commercial and property law needs. We differ from other law practices as we are driven by innovation, ideas and results, not legal traditions and billable hours. Contact us today!
