John Watson Law Group LLC

Commercial Law

 

The term Commercial Law can encompass many areas.  For our purposes here, a few of these areas are:

 

  • General business litigation between companies
  • Commercial collection, i.e. business to business debt collection.  This is perhaps the most common type of litigation in our court systems.  It involves suits on open account, accounts stated, breach of contract, promissory notes, etc., ranging from small amounts to millions of dollars.
  • Defense of commercial cases and business litigation
  • Breach of contract matters.  These can be simple or complex, depending on the nature of the contract, the factual situation, and the jurisdiction under which the contract is to be construed.  U.S. contracts between merchants are generally covered by the Uniform Commercial Code (UCC).  The UCC has been adopted in most states with the purpose of providing a degree of certainty in the way business interact.  The UCC has sections on the sale of goods, commercial paper, bills of lading, bulk sales, and secured transactions, for example.  In most cases, the UCC's underlying provisions do not come into play, but a client must be aware of its intricacies.  For example, if a buyer revokes his acceptance of goods in a timely manner, the goods are considered to be the property of the seller.  If, after asserting his revocation of acceptance, the buyer does something inconsistent with this concept, the revocation of acceptance is revoked, irrevocably.  This office once had a case where a revocation was asserted, but then the buyer did a spin-off company and transferred those goods to the new company as an asset for financial purposes.  That turned out to be a revocation of the revocation and a $762,000 mistake.
  • Promissory notes and guaranties.  Promissory notes may be negotiable instruments under the UCC, if drawn properly.  There are certain advantages and disadvantages by the governing UCC provisions.  Under certain conditions, some specific defenses can be cut off.  A personal guaranty is technically a surety under Georgia law, and this confers different properties and defenses upon it than in some jurisdictions. 
  • Secured transactions.  These are also covered under the UCC.  A creditor must be cautious in this area if they wish to preserve their deficiency under the contract after recovery and sale of the collateral or leased goods.
  • Rights and defenses under the Uniform Commercial Code (UCC) and Contracts for International Sale of Goods (CISG).  The UCC has been addressed, so what is the CISG?  The CISG is, so to speak, the UCC for international transactions.  It is a business code maintained by the International Chamber of Commerce for international transactions.  There are notable differences from the UCC that require caution.  For example, some similar sounding F.O.B. shipping terms have quite different meanings in the international arena.
  • Enforcement of state and federal Georgia judgments.  This is discussed elsewhere in this site.
  • Recording, domestication and enforcement of foreign judgments, state and federal, both domestic and from outside the United States.  This is addressed elsewhere in this site.
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