Businesses are engaged in many different commercial transactions on a day-to-day basis, from the lease or purchase of facilities to the execution of contracts for goods and services. Any number of disputes can arise from these transactions, and it is necessary that you have competent legal counsel to protect your interests.
At Valerie F. Horn & Associates, APLC, our experienced and skilled California commercial law attorneys can provide your business with aggressive representation in and out of the courtroom.
What Is Commercial Law?
Commercial law is the body of law that relates to business and commerce. It regulates the manufacture and sales of consumer goods, as well as all types of corporate matters and contract issues. While each state has its own unique laws, a nation-wide set of rules has been adopted by all states called the Uniform Commercial Code (UCC).
Our Commercial Law Practice
Valerie F. Horn & Associates, APLC has the experience to support your business goals through the negotiation or litigation ofcommercial disputes. We advise and represent businesses in many commercial law areas, such as:
Breach of contract claims with customers and vendors/suppliers.
Commercial lending and financing disputes
Enforcement of intellectual property rights through trade secrets, licensing or distribution agreements, covenants not to compete, etc.
Disputes concerning equipment, leases, and real estate
Business torts such as fraud, misrepresentation, and nondisclosure
Breach of Contract
Commercial disputes are often the result of non-compliance with the provisions of a contract, including delays in performance, defective products or services, and late or non-payment. It is therefore essential to retain an experienced commercial litigationattorney who can determine the legal obligations of each party under a contract and whether there has been a breach. For example, in a vendor/supplier contract, the vendor has the obligation to deliver a product that conforms to the buyers expectations (as represented by the vendor) when the contract was executed. If the vendor delivers the wrong product, an incomplete product, or a defective product, the product is considered “non-conforming” then the vendor has breached the contract. In order for the non-breaching party to claim damages, that party must have performed the obligations required of it under the contract, or have a valid legal excuse for non-performance. In a claim for breach of contract, the following three elements must generally be shown:
Existence of a valid contract (written, oral, or implied)
Evidence of plaintiff’s performance of his or her obligation or a valid legal excuse for non-performance
Evidence of defendant’s breach
Evidence of damage to the plaintiff
Under the UCC rules for sales, buyers and sellers have several different options when non-conforming goods are delivered. For example, the buyer may totally reject the delivery, accept it all, or choose to reject only part of it. The UCC rules can become quite complex depending upon the situation and it is therefore essential to retain an experienced commercial law attorney when dealing with commercial transactions.
Commercial disputes can arise from almost any aspect of a business’ operations. When disputes occur, they can seriously interfere with the day-to-day functioning of the business and threaten its very existence. It is therefore imperative that your legal counsel be an effective advisor as well as a litigator. The Los Angeles commercial law attorneys at the Valerie F. Horn & Associates, APLC can provide you with quality and knowledgeable representation.