Company Commercial Law

Commercial Contracts

From complex business transactions to business-as-usual contracts
Our Corporate & Commercial Law team prepares commercial contracts which add value to your business, whilst ensuring your interests are protected.

Why seek legal advice

Contracts are an essential part of conducting business. They provide certainty, protect the interests of the parties and help to avoid disputes. Our specialist Corporate & Commercial Law team supports clients in various business sectors and advises on a wide range of commercial agreements, often with an international element.

We give practical and commercially-focused advice, aimed at future-proofing your business.

 

  • Protection of business interests
  • Identification of potential issues and risks
  • Compliance with legal requirements
  • Certainty of rights and obligations
  • Avoidance of disputes
  • Future-proofing success
Commercial contracts
Commercial contracts solicitor

Why choose HK Law?

Our experienced Corporate & Commercial Law team includes formidable negotiators, looking out for key risks and opportunities for your business.

At HK Law, we take the time to understand the needs of your business. Whilst based in the South of England, we advise businesses all over the world. Our advice can be given over the telephone, via video conferencing or at a face-to-face meeting.

  • Cost-effective
  • Commercially-focused and pragmatic
  • Exceptional client service
  • Experienced and knowledgeable
  • Skilled negotiators
  • Proven track record
Marnie Thomas, HK Law

Your questions answered

Marnie Thomas, Solicitor in Corporate & Commercial Law Team
  • What is a commercial contract?
    A commercial contract is an agreement between two or more parties, also known as a business-to-business (B2B) contract. A commercial contract may take the form of standard terms and conditions, or a bespoke, individually negotiated contract. In practice, it is common for commercial terms to be put into a standard contract which a business will use for all transactions, such as the sale of goods or services. A bespoke contract may be more appropriate for non-routine transactions, such as agency or distribution arrangements.
  • Does a commercial contract have to be in writing?
    A commercial contract can be formed orally, by conduct or in writing. Whilst oral contracts may be legally binding, it is always desirable to record the terms which have been agreed between the parties in writing. This is because oral contracts can be difficult to prove in court. A written contract provides certainty and can be used as evidence if there is a dispute.
  • What should be included in a commercial contract?
    Most commercial contracts, whether on standard terms or individually negotiated, follow the same basic structure. It is the specific provisions which differ, according to the type of agreement reached and the underlying commercial objectives of the parties.
  • Why do you need a commercial contract?
    It is best practice to have a written commercial contract in place to ensure the parties understand their obligations and responsibilities. We structure, draft and negotiate contracts which are not only legally robust, but which help you to meet your commercial objectives.
  • What is the process for putting a commercial contract in place?
    We recommend that businesses seek professional advice when putting a commercial contract in place. Whilst it is possible to create your own contract, any terms which are ambiguous or silent on salient points will be susceptible to dispute and the interpretation of the courts. This can result in costly implications for the parties.
  • Can you cancel a commercial contract?
    Unlike consumer contracts, commercial contracts have no automatic “cooling-off” period. Some commercial contracts will expressly come to an end after a fixed period. If the contract itself contains no express provision on termination, the contract may generally be terminated on “reasonable notice”. However, a party’s right to terminate is often not clear cut and may be disputed. We recommend that any party wishing to terminate a commercial contract seeks legal advice.
  • Can commercial contracts be changed or updated?
    Business relationships may evolve over time. This can lead to the need to make changes to contracts already in place. Where a contract is in writing, it is usual for a clause to be included which provides that any changes to the contract must be in writing and signed by the parties. Where a contract has been made orally, it is unlikely that the parties will have made provision for future amendments to the contract.
  • What happens if there is a dispute?
    If there is a dispute, the contract is the first place to look. This will usually contain a dispute resolution clause which sets out a structure for the parties to follow in the event of dispute. A poorly drafted clause can result in the parties arguing about the dispute procedure or being left with no option but to resort to litigation. A well-drafted clause can help to maintain a good commercial relationship between the parties.

By Darren Francis, Associate Solicitor

Find a Company Commercial Law expert in your area

HK Law Blandford office

Blandford

The newest of the HK Law offices and proud to service the people and businesses of Blandford and the surrounding area.

HK Law Bournemouth office

Bournemouth

Our Bournemouth Solicitors, based at our office in Southbourne, are here to support you with all the personal and business legal needs.

Somerset Solicitors

Crewkerne

HK Law’s history in Crewkerne dates back to 1749, making it the longest standing solicitors firm in the country.

HK Law Blandford office

Dorchester

With offices at 40 High West Street and 1 Colliton Walk, our expert team provides a comprehensive range of legal services to the people of Dorchester and surrounding areas.

HK Law Parkstone office

Parkstone

Our Parkstone solicitors, based in the heart of Ashley Cross, are here to offer you expert local legal advice.

Poole Solicitors

Poole

Our HK Law team in Poole assist local clients with their legal requirements.  Local to you, we are always on-hand to meet up whenever it suits you.

HK Law Swanage office

Swanage

HK Law have held a strong presence in Swanage for generations. When it comes to client care, we pride ourselves on a modern approach backed up by traditional values.

HK Law Wareham office

Wareham

Wareham is the office from which HK evolved. Today our Wareham office prides itself on offering the town a full range of legal services whilst keeping things simple and personal.

Our Commercial Contracts team

Associate FCILEX

Managing Partner

Chartered Legal Executive

Private Client Executive

Partner

Conveyancing Executive

Solicitor

Solicitor

Associate Solicitor