Commercial Law Services
Whether you are starting out in business or have been running a company for many years, there will be times when you will benefit from sound legal advice. Commercial law can be a complex area and our team of experienced commercial solicitors will work to understand your business and your concerns and help to manage your exposure to risk. Whatever your requirements, the skilled commercial law team at Fraser Dawbarns, will help you and your business to navigate the law surrounding commercial contracts and give you peace of mind.
Commercial law is primarily concerned with contracts and agreements between companies or between companies and customers. Most businesses will encounter issues relating to breaches of contract that could have been avoided if the business had used a commercial lawyer. The commercial law team at Fraser Dawbarns are here to assist company owners looking to draw up commercial contracts and legal agreements that will help to protect your business against litigation and disputes. For services relating to partnership agreements and shareholder agreements as well as for information on buying, selling and restructuring companies, please visit our corporate law page.
Our commercial Law team are rated as a ‘Leading Firm’ in the 2020 Legal 500 for our corporate and commercial work.
A commercial contract is usually between two businesses or between a business and its customers. While contracts exist to protect the parties involved against breaches of contract, you will not be able to enforce any clause that is contrary to existing commercial law. Wherever there is a conflict between commercial law and part of your contract, the law will prevail.
By instructing experienced commercial solicitors, you will be able to put contracts in place that are legally enforceable in case of a dispute. There are several ways that we can help you with your commercial contract.
- Speak to your solicitor about the terms of the contract as you understand them. Your solicitor will then help to refine the contract by discussing areas that are not clear and by highlighting other areas that could be included in the contract.
- Bring your solicitor a contract that has been provided by the other party. Your solicitor can then point out areas of the contract that are not in your favour and suggest alternative provisions that could be negotiated with the other party.
- Show your solicitor a pre-existing contract or draft contract that is as close to your requirements as possible. Your solicitor can work with you to amend the contract so that it best reflects what you would like to achieve.
Types of Commercial Contract
It is not required by law for any contract to be written, any commercial agreement made between two parties is still enforceable. However, it is advantageous to have a written contract in place so that all parties are clear on the terms of any agreement. If a disagreement arises between the parties, a written contract will help to resolve the dispute more easily. The commercial law team at Fraser Dawbarns can help your business create many types of commercial contracts including:
Terms and Conditions of Business
Terms and conditions of business are designed to regulate the relationship between your business and your customers. Whether you are selling goods or services, the law has changed over recent years to give consumers more rights, so it is essential that any terms and conditions are compliant with these laws. Any terms in your contracts that do not meet these requirements are generally not enforceable. Other things to consider when drafting contracts for customers of your business include the different regulations covering sales that take place on your premises and distance sales (such as online) and the requirements to make sure that your consumer’s rights are made clear. The commercial team at Fraser Dawbarns can help businesses that provide products and services draw up terms and conditions that comply with all aspects of commercial law as well as protecting the company’s own interests. Contact Fraser Dawbarns to see how we can help you to create or amend your consumer contracts.
Many businesses rely on suppliers in order to function, so it is essential to clearly set out the rights and responsibilities of both parties and to fully understand any agreement you make with your suppliers. An agreement can make sure that the supplier meets their obligations to you and detail any remedies due in case their performance falls short. When drawing up new supplier agreements, it can save time to work with the supplier to make sure that your requirements are achievable. If you have expectations that your supplier considers to be unrealistic, it can take longer to reach agreement. Working with a solicitor can make sure that you do not miss anything critical from the agreement that could negatively affect you in the future. You may be asked by one of your suppliers to sign a contract and by reviewing this with your solicitor before signing it, you could save yourself trouble and expense down the line. The commercial law solicitors at Fraser Dawbarns will help you clarify the terms of a supplier agreement, whether it is a new contract or you are renegotiating terms with an existing supplier. Contact Fraser Dawbarns to make sure that your agreements with your suppliers do not disadvantage your business.
Although there are over 20,000 franchisees in the UK, there are no specific laws governing franchises. Instead, franchise agreements are covered by contracts law. It is, therefore, particularly important to make sure that any franchise contract you sign represents your interests. If you are a franchise owner, you will want to make sure that potential franchisees will abide by rules that protect the integrity of your brand. Creating a franchise agreement, can make sure that anyone looking to trade under your brand does not undermine the goodwill you have created. As a potential franchisee, you may have concerns about the franchise contract you have been asked to sign. By seeking legal advice, you can be sure that you understand the terms and avoid committing to a contract that is unfair or too restrictive. Whether you are a franchise owner or looking to become a franchisee, the commercial law solicitors at Fraser Dawbarns can make sure that you understand the contract and provide support during negotiations, making sure you are protected in any agreement you sign.
Agency and Distribution Agreements
An agent acts as an intermediary between a supplier and the supplier’s customer. Depending on the contract, agents can either enter into agreements on behalf of the supplier or just promote the supplier’s product to customers. Agents can have exclusive, sole or non-exclusive rights depending on the agreement. While an agent acts as an intermediary between the supplier and the customer, a distributor purchases the product from the supplier and sells it on to the customer. As with agencies, distributors can have exclusive, sole or non-exclusive distribution rights depending on the agreement. You may find that depending on the product and sales region, either an agency or a distribution agreement will suit your business better. Signing the wrong type of agreement could have consequences for your business and be costly to get out of. Fraser Dawbarns can help you draw up agency agreements and distribution agreements and advise you on which of these will best suit the requirements of your business.
A well written contract will help to protect you against legal disputes, but sometimes disagreements will arise that cannot easily be settled. Fraser Dawbarns have an experienced and effective dispute resolution team that can deal with disputes ranging from small disagreements to complex, high value claims. We will work with you to find the best value and most effective way to resolve your issue which could potentially include negotiation, mediation, arbitration, tribunals or court. The dispute resolution team at Fraser Dawbarns will take a realistic approach focused on achieving your desired outcome.
Unfortunately, sometimes you will provide a product or service for which you do not receive satisfactory or previously agreed payment. It is in your interests to recover any remuneration owed to you as quickly and as cost effectively as possible. The debt recovery team at Fraser Dawbarns will advise you on the best ways to recover your debt. These may include letters of demand, court proceedings or insolvency action. We will pursue the methods that are most suitable to your circumstances.
Your employees are a crucial part of your business, therefore it is essential to have effective and legally binding written particulars of employment. Getting advice on what you can and cannot include will protect your business and ensure that your employees are aware of their rights and responsibilities. Workplace disputes can be disruptive and costly, so getting good advice early will help you to deal with these issues quickly, fairly and effectively. The employment law team at Fraser Dawbarns can help you to prevent many problems before they become an issue for you and to efficiently and effectively handle any disputes or claims against your business.
Our commercial law team can assist you with any intellectual property issues you may have. We can advise you on risks and opportunities within your business, explaining any relevant issues to you and helping you to develop an intellectual property strategy. When you have intellectual property that needs protecting, our commercial law team will help you to apply for trademarks, qualify for copyright or file a patent application so that you can best protect yourself and your business against any potential infringement. Even if everything possible has been done to minimise your risk, sometimes intellectual property disputes arise. If this happens, the commercial law team at Fraser Dawbarns will work with our litigation team to quickly and effectively bring the matter to a resolution.
Other Services for Businesses
The Commercial and Corporate team at Fraser Dawbarns offer a full range of services to business owners and corporate clients.
If you are looking for legal advice on the structuring of your business or you are exploring your options regarding buying or selling a business, please see our corporate law services page.
If you are after information or advice relating to buying or selling commercial property, commercial leases, property development, investment and secured lending or environmental regulations and planning law, please see our commercial property services page.
We could not have asked for a more professional, friendly and supportive service from Kirsty Haines and her colleagues at Fraser Dawbarns.Client - Ely Office
Why Choose Fraser Dawbarns for your Business?
Direct Access to your Solicitor
Our commercial solicitors develop a good understanding of our client’s businesses and form close working relationships with our business clients. Clients who wish to arrange an appointment with our commercial solicitors can do so easily, visiting us at any of our offices across East Cambridgeshire and West Norfolk. We can also visit you at your business if you prefer.
At Fraser Dawbarns we recognise that there is no ‘one size fits all’. With our flexible pricing options, we give our clients the choice of different pricing options. You can choose whether you would like us to undertake your work on a fixed fee basis or at an hourly rate, selecting the pricing option that best suits your needs.
No Hidden Charges
Clients opting for our fixed fee service, will know how much they will pay for the matter before we start work. Clients who prefer to be billed at an hourly rate will also be given a realistic range of costs before we begin. Transparency and trustworthiness are important to us and we will never surprise you with hidden charges that were not explained to you at the outset.
Contact Us Today
Our team will help you from the beginning of your case to the end, giving you total peace of mind. If you would like friendly, client focused advice on a wide range of legal issues, get in touch and see how we can help you.
Call or email us today and find out how we can make your life easier.