Commercial Law

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Jun 26, 2023 08:22AM IST

Commercial Law Overview

Commercial Law, also referred to as Mercantile Law or Trade Law, is a legal field focused on matters concerning trade, industry, and commerce. Commercial Law encompasses the regulations and resolutions pertaining to various legal concerns, such as breaches of contracts, conflicts related to advertising and marketing, unfair competition, consumer grievances, and safeguarding intellectual property rights.

In this course page, we will present comprehensive information about Commercial Law, including its courses, subjects, syllabus, eligibility criteria, entrance examinations, career prospects, and additional details.

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What is Commercial Law in India?

Commercial Law in India refers to the legal framework that governs commercial activities, trade, and business transactions within the country. It encompasses a wide range of laws and regulations, including contract law, company law, intellectual property law, competition law, consumer protection law, and more. Commercial Law in India provides the legal framework for businesses to operate, facilitates fair competition, protects consumer rights, and establishes rules for resolving commercial disputes. It plays a crucial role in shaping and regulating the Indian business environment, ensuring transparency, accountability, and the smooth functioning of commercial activities across various sectors of the economy.

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What is taught in Commercial Law?

The Commercial Law course covers various subjects and topics related to the legal aspects of commerce and business transactions. Students enrolled in this course typically learn about contract law, company law, intellectual property law, competition law, consumer protection law, banking law, securities law, and international trade law. The curriculum includes studying and analyzing legal principles, case laws, and statutes relevant to commercial transactions. Students also learn about legal frameworks for resolving commercial disputes, drafting commercial contracts, understanding the legal implications of business activities, and ensuring compliance with commercial laws and regulations. The course aims to equip students with the knowledge and skills necessary to navigate the legal complexities of the commercial world.

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What is LLB in Commercial Law?

LLB in Commercial Law refers to the Bachelor of Laws degree program with a specialization in Commercial Law. It is an undergraduate program that focuses on providing students with a comprehensive understanding of the legal principles and regulations that govern commercial activities and business transactions. The LLB in Commercial Law curriculum covers subjects such as contract law, company law, intellectual property law, competition law, consumer protection law, and related areas. Students learn about the legal framework for conducting business, resolving commercial disputes, drafting commercial agreements, and ensuring compliance with commercial laws. The program aims to develop students' legal knowledge and analytical skills specifically in the context of commercial and business-related legal matters.

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What is the foundation of Commercial Law?

The foundation of Commercial Law is primarily built upon contract law. Contract law establishes the legal framework for enforceable agreements between parties. It governs the formation, interpretation, and enforcement of contracts, which are crucial in commercial transactions. Contracts define the rights and obligations of the involved parties, ensuring that they are legally bound to fulfill their agreed-upon terms. Various principles and concepts within contract law, such as offer and acceptance, consideration, and contractual remedies, serve as the basis for understanding and resolving disputes in commercial dealings.

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What is the another name of Commercial Law?

Another name for Commercial Law is Mercantile Law or Trade Law. These terms are often used interchangeably to refer to the branch of law that deals with legal principles and regulations governing trade, commerce, and business transactions.

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Difference between Civil and Commercial Law

Here is a table format highlighting the key differences between Civil Law and Commercial Law:

Civil Law

Commercial Law

Focuses on private disputesFocuses on business and commercial disputes
Deals with personal and property mattersDeals with trade, industry, and commerce
Governs relationships between individualsGoverns relationships in the business context
Covers areas such as family law, tort law, and property lawCovers areas such as contract law, company law, and intellectual property law
Emphasizes compensation and restitutionEmphasizes commercial transactions and business regulations
Applies to individuals and their rightsApplies to businesses and their legal obligations
Courts primarily handle civil casesCommercial disputes can be resolved in specialized commercial courts or through arbitration

Note: This table provides a general comparison between Civil Law and Commercial Law. The specifics may vary based on the legal systems of different countries.

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What are the objectives of Commercial Law?

The objectives of Commercial Law are as follows:

Establishing Legal Framework: Commercial Law aims to provide a well-defined legal framework for conducting commercial activities, trade, and business transactions. It sets out the rules and regulations that govern commercial relationships and ensure fairness, transparency, and predictability in business dealings.

Facilitating Commerce: Commercial Law strives to promote smooth and efficient commerce by providing clear guidelines and standards for commercial transactions. It aims to facilitate the formation of contracts, protect the rights and obligations of parties involved, and foster trust and confidence in commercial interactions.

Protecting Parties' Interests: One of the key objectives of Commercial Law is to safeguard the interests of all parties involved in commercial transactions. It provides mechanisms to resolve disputes, enforce contractual obligations, and protect against unfair practices, fraud, and breaches of commercial agreements.

Ensuring Fair Competition: Commercial Law aims to maintain a competitive business environment by regulating anticompetitive behavior and preventing monopolistic practices. It promotes fair competition, protects consumers from unfair trade practices, and encourages market efficiency and innovation.

Promoting Economic Growth: Commercial Law plays a vital role in promoting economic growth by providing a stable and predictable legal framework for businesses. It helps attract investments, encourages entrepreneurship, and facilitates the growth and expansion of commercial activities, contributing to overall economic development.

Harmonizing International Trade: Commercial Law also focuses on harmonizing laws and regulations related to international trade and commerce. It facilitates international business transactions, resolves conflicts arising from cross-border commercial activities, and promotes cooperation and consistency among different legal systems.

Overall, the objectives of Commercial Law aim to foster a conducive environment for commerce, protect the interests of parties involved, and contribute to economic development and global trade.

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What is LLM in Commercial Law?

The LLM (Master of Laws) in Commercial Law is a specialized postgraduate degree program that focuses on the in-depth study of the legal principles, regulations, and practices governing commercial activities and business transactions. This program provides advanced knowledge and expertise in various areas of commercial law, such as contract law, company law, intellectual property law, competition law, and international trade law. Students pursuing an LLM in Commercial Law delve into complex legal issues faced by businesses, enhance their analytical and research skills, and gain a deeper understanding of the legal frameworks and implications surrounding commercial operations. The program prepares graduates for specialized legal careers in commercial law firms, corporations, regulatory bodies, or academia.

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Types of Commercial Law Courses

Students who are interested in Commercial Law courses can apply in a variety of ways. There are several levels of courses, such as undergraduate, postgraduate, certificate, and diploma programmes. However, the eligibility requirements that apply determine whether a candidate can enroll in a specific course.

The various types of Commercial Law courses and their eligibility criteria are mentioned in the table below:

Certificate CoursesThere are eclectic Commercial Law certificate courses offered via online mode on popular platforms like Coursera, Udemy, and Indian Institute of Corporate Affairs. These certification courses are mostly for graduates or working professionals who want to enhance and upgrade their current skills in the field of law.

PG Diploma/ Diploma Courses


Diplomas in Commercial Law are offered to those candidates who have completed their class 12th from a recognized school board with a prescribed minimum aggregate percentage (if any). 


 

PG Diplomas in Commercial Law are available to those candidates who have already completed their graduation from any stream and would want to upskill themselves in the field of law.

Undergraduate CoursesThe candidates who have pursued class 12th in any stream and have cleared a National Level Law Entrance exam like CLAT, AILET, LSAT India, etc. can pursue an undergraduate course with a specialization in Commercial Law.
Postgraduate CoursesCandidates who have already cleared their 3-year LLB or 5-year LLB degree course with a minimum aggregate percentage of 50 - 60% can pursue LLM in Commercial Law.
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Commercial Law Eligibility Criteria

Candidates have the opportunity to pursue Commercial Law at both undergraduate (UG) and postgraduate (PG) levels. The following outlines the basic eligibility criteria for Commercial Law at each level:

UG Level

  • For an integrated LLB course directly after completing secondary education, candidates must have successfully cleared Class 12 from a recognized board in any stream (Science, Commerce, Humanities) with a minimum aggregate of 45-50 percent.
  • Alternatively, individuals interested in pursuing the LLB course after completing their graduation in any subject from a recognized university can also apply.

PG Level

To pursue an LLM in Commercial Law, candidates should hold an LLB degree from a recognized college/ university, with a minimum aggregate of 50-55 percent.

It's important to note that these eligibility criteria are general guidelines, and specific institutions may have additional requirements or variations. It is recommended to refer to the official websites or admission guidelines of respective institutions for accurate and detailed information.

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Top Commercial Law Exams

Here are some of the top entrance exams for Commercial Law:

  • Common Law Admission Test (CLAT)
  • All India Law Entrance Test (AILET)
  • Law School Admission Test (LSAT)
  • Symbiosis Entrance Test (SET Law)
  • Maharashtra Common Entrance Test (MH CET Law)
  • Delhi University LLB Entrance Exam
  • Andhra Pradesh Law Common Entrance Test (AP LAWCET)
  • Telangana State Law Common Entrance Test (TS LAWCET)
  • Tamil Nadu Common Law Admission Test (TANCET Law)
  • Kerala Law Entrance Examination (KLEE)

These exams are conducted at the national, state, or university level and serve as the basis for admission into undergraduate or postgraduate law programs, including Commercial Law. It is essential to check the specific requirements and dates for each exam as they may vary.

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Commercial Law Branches in India

Here is a table format listing the branches of Commercial Law in India:

Contract Law
Company Law
Intellectual Property Law
Competition Law
Consumer Protection Law
Banking and Finance Law
Securities Law
International Trade Law
Taxation Law
Employment and Labour Law
E-commerce Law

Note: This table provides a general overview of the branches of Commercial Law in India. There may be additional branches or sub-branches based on specific areas of specialization or emerging legal domains.

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Commercial Law Syllabus and Subjects

One of the most crucial elements of the commercial law field is the syllabus, which outlines the key subjects and areas that a candidate must study during the duration of the programme. Although the Commercial Law curriculum varies from college to university, the following are some of the major subjects and their topics covered under the Commercial Law syllabus:

Subjects

Syllabus

Legal ResearchResearch Problems, Hypothesis, Methods & Tools
Legal Writing
Comparative Public LawPublic Law & Governance
Fundamental Rights in Public Law
Judiciary 
Legislature and the Executive
International Trade LawWorld Trade Organization (WTO)
Law and Policy on Trade & Investment
Competition LawAnti-Competitive Agreements
Abuse of Dominant Position
Competition Commission of India
IPR & Competition Law
Investment and Competition Law
Commercial ArbitrationArbitration Agreement
International Commercial Arbitration
Enforcement of Arbitral Awards
Intellectual Property LawPatent Law
Copyright Law
Geographical Indication Law
Investment LawShares
Securities Contracts
Securities and Exchange Board
Principles of International Investment Law
Corporate Law & GovernanceLegislative Framework of Corporate Governance in India
Corporate Governance and Shareholder Rights
Risk Management
Corporate Social Responsibility
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Required Skills To Pursue Commercial Law

Commercial law businesses are always explicit about the qualities they seek in potential hires. While a candidate's consistent academic performance and relevant experience are important factors in hiring decisions, law firms often look for a variety of other abilities and characteristics that distinguish a candidate from other applicants. Those who want to work in the field of commercial law should have the following key skills and talents:

Providing legal counsel on the subject requires exceptional presence of mind and alertness while carrying out one's obligations as a commercial lawyer.
A commercial lawyer must be an effective manager because they are responsible for a variety of tasks, including drafting notices and conducting administrative duties.
One of the biggest drawbacks of being a commercial lawyer is that sometimes you have to work under pressure and you can't miss any opportunities. Therefore, it is crucial that people take initiative and avoid making rash decisions.

Other prime skills required to pursue a Commercial Law course are mentioned below:

Attention to detailGood language skills
Commercial awarenessGood project management skills
Good analytical skillsGood judgment skills
High ethical standardsGood interpersonal skills
Initiative and responsibilityGood negotiation skills
Keen ObserverGood counseling skills
Good Critical ThinkingStrong Writing skills and excellent verbal communication skills
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Difference between Commercial Law and Corporate Law

By understanding the differences between corporate law and commercial law, business owners can avoid breaking the law and cut down on unnecessary expenses and hassles. Although these two categories of law have quite different characteristics, they both have a substantial impact on how businesses run.

ParticularsCommercial LawCorporate Law
DefinitionThe selling and distribution of goods are covered by Commercial Law. Firms require people to have a thorough knowledge of such law to avoid any illegal activity related to business and trade.Corporate law is a branch of the law that regulates how businesses are formed, shareholder rights, mergers, and acquisitions.
NatureIt is a business and trade wing of law.Corporate law is one of the subset of Commercial Law
Entrance ExamsTo get admission to Commercial law courses candidates must pass national-level exams like CLAT, AILET, etc.You can study corporate law in a 5-year integrated LLB or in a LLM programme. To get admission to 5-year LLB courses OR 2-year LLM courses, you need clear entrance exams like LSAT India, CLAT, AILET, CUET PG, etc.
ObjectiveThe law was created essentially to stop any unfair business practices and keep an eye on what is going on in the corporate sphere.Corporate law is primarily concerned with the operations of an organization, the privileges and rights of investors, the duties of its management, and the other concerns that primarily affect management of the firm.
LimitationsA group of laws known as commercial law apply to business dealings with third parties. Business lawyers work with laws that have an impact on a company's everyday activities and commercial transactions.A set of laws known as "company law" has an influence on the operation and compliance of a business organization or vehicle.
RegulationsThe state and central government are in charge of administering commercial law. The functions that each of these governments play in enforcing commercial law are very diverse.Through the Companies Act, the MCA (Ministry of Corporate Affairs) controls and directs corporate law (2013). In this law, topics such as the organization's disintegration, organization mergers and liabilities, and the roles of various individuals are discussed.
Functions
  • The legal ramifications of company formation, acquisitions, mergers, and shareholder rights are covered by commercial law.
  • Commercial law deals with all of the rules, statutes, and procedural requirements that a business must follow in order to operate legally.

Other major functions include the following:

  • Finding a business name or logo that is not protected by copyright or trademarks
  • Dealing with employment regulations and litigation involving a corporation, either directly or indirectly
  • Fulfilling financial and tax obligations
  • Partnership Agreements and Contract Review
  • Creating a business plan to attract investors, etc.
  • The legal requirements governing the sale and distribution of assets are the main subject of corporate law.
  • Corporate law supervises how your company behaves and thinks so that it can keep operating within the most recent laws and regulations.

Other crucial functions include the following:

  • Preserving an organization's investor rights
  • Contract-making in corporate transactions, especially with clients from abroad
  • Deal with the issues of rights, relationships, and corporate activity.
  • Dealing with any additional difficulties relating to the corporate structure.
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What are the most crucial branches of Commercial Law?

The field of Commercial Law encompasses several crucial branches that are essential for regulating and facilitating business activities. The most significant branches of Commercial Law include:

Contract Law: Contract Law forms the foundation of commercial transactions. It governs the formation, interpretation, and enforcement of contracts, ensuring that parties are legally bound to fulfill their agreed-upon obligations.

Company Law: Company Law focuses on the formation, operation, and dissolution of companies. It encompasses issues such as corporate governance, directors' duties, shareholder rights, and the legal framework for mergers, acquisitions, and insolvency.

Intellectual Property Law: Intellectual Property Law protects the rights of creators and innovators over their intellectual creations, including inventions, trademarks, copyrights, and trade secrets. It provides legal mechanisms for securing and enforcing these rights.

Competition Law: Competition Law promotes fair competition and prevents anticompetitive practices. It regulates issues such as cartels, abuse of dominant market position, and mergers and acquisitions, ensuring a level playing field in the market.

Consumer Protection Law: Consumer Protection Law safeguards the rights and interests of consumers in commercial transactions. It addresses issues like product safety, fair advertising, unfair trade practices, and provides avenues for consumer complaint redressal.

Banking and Finance Law: Banking and Finance Law focuses on the legal aspects of banking operations, financial institutions, and transactions. It covers areas such as lending, payment systems, securities regulations, and banking regulations.

These branches of Commercial Law are crucial as they establish legal frameworks, protect rights, ensure fair competition, and facilitate the smooth functioning of business activities in various sectors of the economy.

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What is the role of a Commercial Lawyer?

The role of a Commercial Lawyer is to provide legal guidance and expertise to businesses and individuals engaged in commercial activities. They assist clients in navigating complex legal frameworks, ensuring compliance with laws and regulations, and mitigating legal risks. Commercial Lawyers handle various tasks such as drafting and reviewing contracts, negotiating deals, advising on corporate governance, resolving disputes, and providing legal counsel on commercial transactions. They play a crucial role in protecting the interests of their clients, facilitating business transactions, and ensuring adherence to legal requirements in the commercial realm. With their specialized knowledge of Commercial Law, they provide strategic advice and help businesses make informed decisions in a rapidly evolving business environment.

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Commercial Law Career Options and Job Prospects

One of the professions that will never cease and continue to expand is commercial law. There are numerous career prospects in this industry after successfully completing this course. Following are a few job titles that are available in the field of commercial law:

Legal Advisor: To pursue legal action, they need the legal advisor's attention and guidance. In addition to creating paperwork, they must also offer legal assistance. They must also take care of the contract between the buyer and the suppliers.

Commercial Lawyer: Commercial lawyers are responsible for handling both business and commercial concerns. They must help with transactions, paperwork, etc.

Legal Officer: A legal officer's primary duty is to monitor cases and take appropriate action. He or she must make sure that the legal action conducted is in the client's best interest. They are also accountable for keeping an eye on and advising their clients.

Contract Attorney: Contract attorneys maintain continuous communication with clients and offer all necessary commercial and transactional support. Additionally, they are in charge of developing, scrutinizing, and negotiating various contracts and commercial agreements.

Legal Researcher: The management of the legal research is the responsibility of a legal researcher. He or she must take on the legal facets and conduct in-depth research on them. Learning about particular areas of law is the major goal.

Legal Assistant: The legal assistant is in charge of helping the senior attorney with documentation, information collection, etc. They assist the attorneys in the courtroom as well.

A few of the key employment areas in the field of Commercial Law are mentioned below:

  • Legal Consultancies
  • Tribunals 
  • KPO
  • LPO
  • Corporate Firms
  • Businesses
  • Law Firms, etc.
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Commercial Law Salary

According to the job role, kind of organization, and work experience, the beginning salaries for freshers and experienced candidates in the field of commercial law vary. The compensation package is also based on how well the candidate performs overall during the course of their work in the company.

Mentioned below are the salaries offered to a few of the top job profiles in the Commercial Law field.

Job ProfilesAverage Annual Salary
Legal ResearcherRs. 2 to 4 lakhs 
Commercial LawyerRs. 5.9 to 11 lakhs
Legal OfficerRs.  4 to 6 lakhs 
Legal AssistantRs. 2 to 4 lakhs
Legal AdvisorRs. 3 to 5 lakhs
Corporate LawyerRs. 2 to 4 lakhs
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FAQs about Commercial Law

What distinguishes business law from commercial law?

Business law and commercial law have a lot in common. Business law, on the other hand, is concerned with various business-related issues like founding a company, mergers and acquisitions, shareholder rights, etc., whereas commercial law concentrates on the sale and distribution of commodities as well as the financing of specific activities.

Is it beneficial to pursue a Commercial Law course?

Because it examines the particular areas in which people trade, commercial law provides a wide range of opportunities. For instance, commercial attorneys can offer excellent contract law counsel as well as tax guidance. Therefore, there will always be a need for lawyers who desire to focus on commercial law.

Who are the employment areas for a Commercial Lawyer?

A few of the key employment areas for a Commercial Lawyer are as follows:

  • Corporate Firms
  • Businesses
  • Law Firms
  • Legal Consultancies
  • Tribunals 
  • KPO
  • LPO, etc.
     

Is it good to pursue BCom Law to make a career in Commercial Law?

With a BCom Law degree, one can combine two careers—law and commerce—or they can choose to specialize in one of the two. Every business deal and business operations have legal ramifications. In order to create professionals with this particular combination and make a career in Commercial Law, a BCom Law degree is a good option.

What is LLM in Commercial Law?

A two-year Master's degree in LLM Commercial Law includes study on business, industry, and trade practices (nationally and internationally). Business procedures such as company formation, mergers and acquisitions, intellectual property, franchising, sales and distribution, international trade practices, etc. are covered in detail in this course.

Is LLM in Commercial Law a good choice?

Law graduates and other business professionals who want to understand commercial law more thoroughly might consider the LLM in Commercial Law. The programme is intended for people who want to specialize in commercial law, tax law, or international trade law and want to pursue a career in commercial legal practice.

What is the scope of Commercial Law?

Both domestically and abroad, the range of scope covered in commercial law courses is enormous. Every day, there is an increase in need for professionals in this field. It looks at the available career paths for legal professionals in this field. The business law field is quite diverse and offers several career opportunities to individuals who study it. They are later hired by other companies, including KPOs and LPOs. The variety of businesses operating in this sector keeps expanding. Due to advancements in technology and an increase in the number of firms, there is a daily increase in demand for commercial lawyers. The importance of the law as it relates to business must be understood by the students.

Is Commercial Law easy to study?

If you put the time and effort into a career in law, it is a field of law that can be exceedingly difficult but offers practically limitless benefits. It is also possible to define commercial law more precisely as "a body of legislation that regulates business and commercial transactions."

Who is a commercial lawyer?

Commercial lawyers provide businesses with legal advice regarding potential risks associated with particular industry or business practices. They assist in alerting businesses when activities could violate the law and raise legal issues for the business.

What are the varied Commercial Law branches?

There are a multitude of Commercial Law branches and they are mentioned below:

  • Corporate Law
  • Tax Law
  • Business Regulations
  • Property Law
  • Intellectual Property Law
  • Consumer Protection Law
  • Contract Law
  • Competition Law (antitrust laws), etc.
     

What is a Commercial Law course all about?

The Commercial Law course talks about Business Law. It is a specialisation of law that deals with legal aspects in commerce, trade and other business-related activities.

Which colleges are best for Commercial Law?

The top colleges for the Commercial Law education are CMR Law School, Bangalore, Al Azhar Group Of Institutions, Idukki, Career Point University (CPU), Kota, Damodaram Sanjivayya National Law University (DSNLU), Visakhapatnam etc.

Is there any minimum aggregate required to pursue a Commercial Law course?

The minimum aggregate to pursue a Commercial Law course is mainly between 40%-60%. It may vary depending on the chosen educational institute.

What is the eligibility to pursue a Commercial Law?

The eligibility criteria to pursue a Commercial Law varies from the course to course. For a UG programme, an aspirant must have completed class 12th and for PG course, an individual must have done a graduation course in Law. Diploma and Certificate courses are made available for students who have completed class 12th. Some require the aspirant to have completed a graduation course.

What is the duration of an LLM Corporate and Commercial Law?

The duration of an LLM Corporate and Commercial Law is of 2 years.

Is LLM in Commercial Law available?

Yes, LLM Corporate and Commercial Law can be pursued by an aspirant.

What are some major topics that are taught in Commercial Law?

Some major topics that are a part of the syllabus of Commercial Law are Introduction to Commercial Law, Commercial Banking, Philosophy of Law, E-Commerce, International Trust Law, European Procurement Law, Corporate Legal Framework, Banking and Finance Law, Derivatives in Legal Context, Procurement Laws etc.

What careers can I explore in the Commercial Law field?

After completing a Commercial Law course, interested students can go for Legal Officers, Corporate Lawyer, Legal Advisor, Commercial Lawyer, Legal Assistant, Chief Financial Officer etc.

Is there an age limit to pursue a Commercial Law course?

Most of the law colleges do not have an age limit set for the Commercial Law, however, few educational institutes do prescribe an age criterion which is mandatory to meet. The age bracket varies depending on the level of the course.

Are Certificate courses available in Commercial Law?

Yes, Certificate courses can be done in the Commercial Law specialisation.
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Related Questions

A

Anil kumar, Student / Alumni

-Answered on Dec-28-2023
1 year ka h sir
s

shailesh kumar, Student / Alumni

-Answered on Dec-21-2023
12th pass with pcm (2010)
S

Samiksha Rautela, Student / Alumni

-Answered on Sept-27-2023

Dear Student,

The fee for 1 year-long Certificate Course in Fashion Design varies from institute to institute. The fee range is anywhere between the range of ₹50,000 to ₹1,50,000 per annum depending on the college you have chosen.

Some of the top colleges that provide the course include the International Institute of Fashion Design, Navi Mumbai (₹1,28,000 per annum), NSAM Academy of Fashion & Interior Design, Navi Mumbai (₹50,000 per annum) and ARCH College of Design & Business, Jaipur (₹75,000 per annum).

To explore more about the course you can check out the List of Certificate Courses in Fashion Design in India and List of Certificate Courses in Design. If you are stuck or are confused about the college admissions, just dial the helpline number 1800-572-9877 (toll-free) or fill the Common Application Form.

For more queries, write back to us on the QnA zone.

Thank You

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