Running a business is no small feat. For many business owners in Florida and elsewhere, this means efforts to ensure the business is running smoothly but also prevent harms caused to the business itself through its business dealings. While businesses can be proactive and take steps to protect themselves from potential future harms, this does not prevent all incidents of business litigation. When wrongful acts are committed against business entities, it is important to understand what legal actions could be taken.
Business torts
When a business tort occurs, this means that a wrongful act was committed against the business, causing them to suffer financial loss. Oftentimes, these are intentional acts; however, they could be due to negligence or recklessness. Although there are various types of business torts, the four most common will be focused on.
Common types
First, there is tortious interference. This occurs when one party intentionally interfered with a contract between the business and another party. The next is restrain of trade, which is when an act causes a hindrance on a business’s ability to conduct business as usual.
The third type is the theft of trade secrets, which is when one party unlawfully obtains trade secrets of proprietary information from a business, having the intent to gain an unfair competitive advantage. Finally, the fourth is fraudulent misrepresentation. This occurs when two parties did not enter into an agreement in good faith but rather misrepresented their position, intentions or a material aspect of the deal, resulting in financial harm to the other party.
Remedies
When a business tort occurs and a business suffers, a civil action could ensue. In some cases, this can be challenging, as it can be a tedious and difficult task to calculate losses and ay future economic harms. Nonetheless, businesses can seek damages based on calculations and projections.
Business litigation can be complex and multifaceted. It is also a legal action that could significantly impact business operations and the reputation of the business. Therefore, it is imperative that one considers how best to address the matter, reach a resolution and protect the business as a whole.
