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Business and contracts

Contract law and company law underpin every business transaction. Understanding the basics protects you whether you are supplying or being supplied.

Key topics

01

Unpaid invoices

Commercial debts carry statutory interest at 8% above the Bank of England base rate from the day after the payment due date, under the Late Payment of Commercial Debts (Interest) Act 1998. You are also entitled to a fixed debt recovery cost of £40–£100 depending on the debt size.

02

Contract formation

A contract requires offer, acceptance, consideration, and an intention to create legal relations. Business contracts are presumed to intend legal relations. Email chains can constitute binding contracts if all elements are present.

03

Company structures

A limited company is a separate legal entity from its shareholders. Directors owe duties to the company under the Companies Act 2006. A sole trader and their business are the same legal person — personal assets are exposed to business debts.

04

Breach and remedies

If a party fails to perform a contract, the other side can claim damages to put them in the position they would have been in had the contract been performed. Consequential losses are recoverable if they were foreseeable at the time the contract was made.

Guides

Step-by-step guides for business and contracts

Latest news

Recent changes in business and contracts

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Articles

Explainers and how-tos

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FAQ

Common questions about business and contracts

General answers with links to official sources. Not legal advice.

Can I charge interest on a late commercial invoice?
Yes. Under the Late Payment of Commercial Debts (Interest) Act 1998, interest runs at 8% above the Bank of England base rate from the day after the contractual or statutory payment date (30 days if none is agreed). You can also claim a fixed debt recovery cost and reasonable recovery costs. Use LawTheGuide's interest calculator to work out the amount.
Is a verbal contract binding?
Generally yes — verbal contracts are legally binding if there was offer, acceptance, consideration, and intention to create legal relations. The difficulty is proof: without a written record, a court will rely on the parties' accounts of what was agreed. Some contracts — such as those for the sale of land — must be in writing to be enforceable.
A supplier has delivered goods that are not what we ordered. What are our options?
In a business-to-business contract, the Sale of Goods Act 1979, s.13 implies a condition that goods must correspond with their description. You can reject the goods and claim a refund, or accept them and claim damages for the difference in value. Act promptly — delay can be treated as acceptance.

Official resources