When you run a business, there are always risks involved. While you do your best to follow the law and operate within the bounds of what is allowed, sometimes things can go wrong. You may find yourself on the receiving end of a business tort suit. This can be a frightening prospect, but knowing what to look out for can help you protect yourself.
In this blog post, our Florida business litigation attorneys discuss five of the most common types of business torts.
What is a Business Tort?
When most people think about tort law, they think about personal injuries. However, there is another type of tort law – business torts. Business torts are wrongs that are committed by businesses against each other. This can include things like breach of contract, defamation, and interference with contract.
Let’s look at the top five business torts in the U.S.
Fraud
Fraud in business can happen in a number of ways. It’s important for business owners to be aware of the different types of fraud that can occur, so they can take steps to protect their business from becoming a victim. The most common types of fraud in business include embezzlement and misrepresenting financial records.
Business Defamation, Commercial Disparagement & Trade Libel
When business owners hear the words “business defamation, commercial disparagement, or trade libel,” they may not be sure what these terms mean. In essence, all of these phrases describe a situation in which a business is harmed by another business’s actions. This could include making false statements about the company or its products, spreading rumors about the company, or unfairly attacking the company in some other way.
Breach of Contract
Businesses enter into contracts every day for a wide variety of reasons. From product sales to service agreements, these contracts outline the obligations and expectations of both parties. Breach of contract is when one party fails to meet their obligations outlined in the contract, which can cause considerable legal and financial headaches.
Breach of Fiduciary Duty
A fiduciary is someone who owes another person or organization a duty of loyalty and trust. When this duty is violated, it can lead to a lawsuit. For example, brokers act as fiduciaries to their clients. If this trust is broken by self-dealing, the broker may be held liable for damages.
Tortious Interference with Contracts and Potential Business Relations
Tortious interference with contracts, also known as tortious interference with business relations, is a tort committed when one party intentionally damages the contractual or prospective business relationships of another. This can be done by directly interfering with the relationship, or by sabotaging it from behind the scenes. If you’re a business owner, it’s important to know what this legal term means and how to protect yourself against it.
What are the Consequences of Being Found Liable For a Tort Against Another Business?
When a business is found liable for a tort against another business, there are consequences that can affect the bottom line. Depending on the severity of the tort and various other factors, the business may have to pay damages to the victim, endure negative publicity, or even be forced to shut down. Whether you believe you are on the giving or receiving end of a business tort, it’s important to enlist the help of an experienced Florida commercial litigation attorney as soon as possible. Contact our office today to find out more about business torts.
