The Essential Guide to Commercial Law

In front of me is a blank sheet of paper entitled “An Essential Guide to Commercial Law”. As I lift my eyes from the page, and slightly further beyond, my son is doing his best to test the patience of his swimming instructor. A little further on and through the windows is a spectacular view of St Ives harbour at full-tide, the aquamarine turning turquoise blue out towards Godrevy, cloudless sky and somewhere, up there, up country, lies the mouth of the Avon and the mass of pipes, chimneys and factories.

Turning back to my blank sheet of paper, what is the essential guide to commercial law? Breaking it down:

1. “Commercial”: an interdependent trade between merchants; merchants trading with one another (most basic form). And why do they do this? Simply to make money? Trading to achieve a worthwhile goal? Is trade a means to an end or an end itself? What are the values that are being traded? What does each merchant hold as being “valuable”? Lots of possibilities and opportunities depending on the available market.

2. "Law": there are very many laws which we face on a daily basis, some more than others. We all (thankfully) have the laws of physics and chemistry to deal with. Where would we be without gravity? Where would we be without photosynthesis? My son wishes the law of buoyancy were a bit easier to master!

There are other laws that we try to avoid having to deal with: speeding laws, drinking laws and criminal sanctions.

Then of course there are the “colloquial” laws such as "sod's law", the law of the jungle and the like.

In addition to the above, there are laws that we at Follett Stock face on a daily basis. These are specialist areas: company law, software laws, terms and conditions of business, commercial litigation, property law, employment law … the list goes on. These are laws which we use to our clients’ advantage.

3. "Essential": The word can have two meanings. Firstly the core, the indivisible/undilutable part. The second (and ancillary) meaning has connotations of importance.

So what is the essential guide to commercial law? As I overlook the oceans on this beautiful day, I don't particularly want to consider trade, laws and essence; I do enough of that in the week! So my irreducible minimum, my essential guide to commercial law is to “be careful”, to use the law to your own advantage and to spend less time working and more time enjoying life!

Come on son, keep kicking those legs!

Gavin Poole is a Partner in Follett Stock Business Solicitors based in Truro.
Email: gavin.poole@follettstock.co.uk or
Telephone on 01872 260774.
The views are personal to him and do not represent those of the firm.
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