Business Torts Archives

Don't let Black Friday cast a black cloud over your business

Hard as it may be to believe, Black Friday is almost here again. It's a day when people set their alarms for 5 am in order to be at electronic stores when the doors open. Others actually camp out in front of big box stores, hoping to be one of the lucky few chosen to obtain this year's must-have toy or electronic gadget.

Food allergies need to be taken seriously

Food allergies are alive and well and on the rise. For proof, simply offer to bring in cupcakes to a preschool classroom to help celebrate a birthday. By the time you've finished sourcing treats that are nut/seed/soy/wheat free, you may decide kids eat too much sugar anyway, and that stickers are a marvelous alternative. In all seriousness, though, food allergies are a genuine medical problem that should not be taken lightly. Unfortunately, as an article in BusinessWest.com reported, not everyone chooses to do so.

Are haunted houses liable for being too scary?

Some visitors to Raleigh, North Carolina's "Panic Point" may never make it past the liability release waiver. The waiver states that, amongst other horrors, guests may experience injury from poisonous plants, animal bites, sprains, strains and fractures. And that's before they launch into the part about the possibility of death, presumably from the fear that occurs when a chainsaw-wielding murderer bursts out of the corn.

Words can have the power to cause pain

Freedom of speech is a marvelous right given to all Americans. Politicians are free to hurl insults at each other in the guise of debates and political ads. Newspaper reporters can write stories about how the food industry works to manipulate how we view fat and sugar. And the average citizen can post on Facebook about how she will no longer be shopping at Big Box Store X because she does not like their new line of home furniture, without worrying that her post will result in a midnight knock at the door. This freedom of expression does have some limits, however. A person or group of people cannot engage in libel or slander without the possibility of repercussion.

Don't let embezzlement charges ruin your life

Although most white-collar crimes don't carry the same negative connotations as other crimes, they can still take a toll on an individual's life. Embezzlement charges, for example, have a way of following people around forever without any chance of redemption. No other action can bring your character into question like allegations of thievery. If you are facing false allegations of embezzlement, you may want to work with an experienced business law attorney. They can help defend you against charges that may forever tarnish your reputation and character.

How do conversion and theft differ?

As a business owner, you cannot afford to lose access to your valuable assets. Typically, if someone steals your property, he or she can face criminal charges. However, there are situations in which you may be deprived of the ability to use your property, but this deprivation may not be considered theft, but rather conversion.

How do I identify unfair competition practices?

Unfair competition refers to the type of business tort that interferes with a business's reputation or success. Although the term unfair competition actually encompasses many different types of business torts, identifying a case of unfair competition may be difficult without the help of an attorney. If you believe your business has been the victim of unfair competition practices, you may want to speak with an experienced business law lawyer.

How to identify tortious interference

Competition between markets is a necessary element of a healthy economy. Occasionally, this competition takes an unnecessary turn and crosses the line of proper and lawful conduct and into the realm of improper business practices. When a business interferes with the relationships of a competitor or their contracts with other companies with the intent to cause financial harm, they may wind up getting sued for tortious interference.

The reasonable restraint of trade

Restraint of trade is essentially the unlawful act of preventing someone from doing business. Although alone it is not a tort, it is a legal doctrine that relates to a wide range of torts that unlawfully restrict a business's operation. While the idea of a restraint of trade may be easily understood as an unlawful practice, it is not always illegal. In fact, some forms of restraints of trade are legitimate and can be upheld by the court.

Accusations of wrongdoing costs businesses in many ways

If you are a business owner, you have many concerns to occupy your time.  Running a company is more than a full-time job; it is an all-encompassing endeavor to which you must dedicate the majority of your life. While no one is guaranteed success, neither should anyone's efforts be unfairly stifled by false allegations of wrongdoing.