Also known as: trade · commerce
Written by attorneys · grounded in primary & secondary sources — see below
A commercial transaction or business dealing involving the exchange of goods or services between parties.
Norman Nash, owner of an out-of-state scrap firm, negotiates a sale of metal to Midstate Recycling, a state-owned buyer. The state pays higher prices and requires less paperwork from in-state sellers while imposing stricter terms on Nash. Because the state is acting as a market participant rather than a regulator, the negoce proceeds under the state's chosen terms without dormant commerce clause challenge.
Nigel Nelson, a licensed engineer, contracts to design a plant for Neptune Energy. Nelson performs the work using only the skill level typical of engineers in his region. When a defect arises, the court measures Nelson's conduct against the standard for his profession in similar communities to determine whether the negoce met the required competence.
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Nimbus Cloud ships components to a distributor knowing some units may reach the forum state. When an indemnity suit arises in that state, the court finds mere stream-of-commerce placement insufficient for personal jurisdiction over the foreign seller. The negoce therefore cannot be litigated there without additional contacts satisfying fair play.
Nadia Novak and Nordic Ventures enter a licensing negoce involving proprietary formulas. During discovery, Nordic moves for a protective order to prevent public disclosure of the formulas. The court grants the order limiting revelation to designated persons only, preserving the commercial value of the information exchanged in the deal.
Nathaniel Newman sells his regional supply business to National Trust and agrees not to compete for two years in the same territory. The buyer later claims the restraint is too broad. The court examines whether the restriction exceeds what is needed to protect the buyer's legitimate interest in the purchased goodwill arising from the negoce.
Nina Nielsen imports specialized equipment from abroad for her manufacturing operation. Customs assesses a duty on the goods. Because the Constitution prohibits taxes on exports between states, the negoce proceeds only after the duty is paid in compliance with the uniformity requirement.
A state engages in a market-participant negoce when it buys or sells goods or services itself rather than prescribing rules for private parties. In that role the state may favor its own residents without triggering dormant commerce clause scrutiny.
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The party must exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities unless the party represents greater or lesser competence.
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Mere placement of a product into the stream of commerce, even with awareness it may reach the forum, is not by itself a sufficient basis for personal jurisdiction over the foreign actor.
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A court may issue a protective order requiring that confidential commercial information not be revealed or be revealed only in a specified manner to designated persons.
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A promise to refrain from competition that is ancillary to a valid transaction is unenforceable if the restraint is greater than needed to protect the promisee's legitimate interest or if the promisee's need is outweighed by hardship to the promisor and injury to the public.
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…Montgomery. The text appeared over the names of 64 persons, many widely known for their activities in public affairs, religion, trade unions, and the performing arts. Below these names, and under a line reading "We in the south who are struggling daily for dignity and freedom warmly endorse this appeal," appeared the…