p. 31. The nature and sources of commercial law
- Reza Beheshti, Reza BeheshtiAssistant Professor in International Commercial Law, University of Nottingham
- Séverine SaintierSéverine SaintierProfessor of Commercial Law, Cardiff University
- , and Sean ThomasSean ThomasReader, University of York
Abstract
This chapter provides an overview of the nature and sources of commercial law. It explores the definition of commercial law, referencing how it is notoriously difficult to define. Commercial law draws on principles from a number of different areas of jurisprudence, such as contract law, criminal law, and principles from tort, property, equity, and trusts. The key challenge for commercial law is therefore to strike the right balance between the competing principles regardless of how they overlap. The chapter also considers the impact and significance of consumerism, internationalisation, digitalisation, certainty, and good faith on commercial law. It then discusses the role of equity in commercial law.
