In this article, you will find a fully drafted example of a practical case in commercial law. First, you will find the transcribed statement of the practical case, followed by the detailed correction.

The aim is for you to have a fully written example of a practical case in commercial law for your exams (on topics that frequently come up in mid-terms).

Take the time to read the statement and try to do it under exam conditions (around 2.5 hours).

I – Statement of practical cases

Mr. Water worked as an employee for the company “Technicanal,” a company specializing in pipeline maintenance. After an argument with Mr. Batard, he finally resigned and decided to set up his own business as a plumber and heating engineer.

Mr. BATARD, furious to see his former employee create his own business, decided to sue him on behalf of the company to stop unfair competition practices before the commercial court.

He believes he is a craftsman and not a trader and has read articles on the internet stating that the High Court has jurisdiction over disputes concerning craftsmen.

That he derives a small part of his income from reselling goods (around 10% of his operating profit).

What about it? Can Mr. BATARD sue Mr. WATER before the commercial court?

The SCI “ECO +” provided the company “JEAN-JEAN”, a ride operating company, with a site of approximately 20 m² located in a shopping center to install a children’s ride. This is an open space located in the common areas of a shopping center. The SCI ECO + imposes opening and closing hours on the company JEAN-JEAN and provides it with electricity.

This agreement was tacitly renewed each year until, by extrajudicial act, the owner indicated that he was terminating the provision.

JEAN-JEAN is claiming that the commercial lease status applies to its business premises. SCI ECO +, for its part, believes that it cannot invoke the commercial lease status in the absence of enclosed and covered premises and its own clientele.

II – Correction of practical cases

Facts : A former employee who retrained as a plumber and heating engineer was the subject, following the creation of his business, of an action for the cessation of unfair competition practices before the commercial court brought by his former employer. The man works alone, primarily provides services, and earns 10% of his income from the resale of goods.

💡 Plan announcements are not mandatory in practical cases, but are strongly recommended in certain cases. The idea is to bring order to the resolution of legal issues and to break down the problems to be addressed.

Announcement of plan : It is appropriate to first consider Mr. WATER’s professional qualifications (I), before considering the question of the competent jurisdiction (II).

Two conditions allow a craftsman to be qualified:

First , the nature of the craftsman’s activity must exclude speculative operations. The craftsman must carry out manual work without resorting to speculation (Com. 18 Feb. 1980, no. 78-15.102). If he seeks profit, he may be reclassified as a trader. This is particularly the case when he speculates: