Texas and New York Business Tort Attorney
The business environment is competitive. Business owners can benefit when they seek out options for innovation and growth. When a business uses unlawful actions to give it a competitive edge, this unlawful action can bring significant harm to other competitive enterprises. Especially, if those actions are grossly negligent or deliberate.
In these instances, you can fight back through business tort law claim.
Business torts are civil wrongs punishable by damages or injunctive relief. When your business is losing clients or opportunities due to a competitor’s unlawful action, you need to protect your long-term financial future. You need an attorney with experience in helping businesses recover. You need the Kirkpatrick Law firm.
At Kirkpatrick Law, Eric Kirkpatrick has the experience necessary to protect your business. He will use every strategy available to protect your business interests. Give Kirkpatrick law a call today to discuss your legal options.
What is a Business Tort?
A business tort involves the wrongs done to a business that either cause or will cause a business harm. These wrongs may include the loss of clients, damaged business relationships, damage to business reputation and more.
They differ from a civil tort, because a civil tort is based on the injury of a person or property. A business tort focuses on the harm to a business’s interests.
Contracts and Torts
In business law, torts differ from contract disputes in that common law is the basis of legal action for a tort claim. That is, common law provides the rules for tort liability from wrongs committed. Contract law looks to the four corners of the written agreement for compliance or non-compliance.
In a business tort claim there must be the following elements present to bring a successful action:
- Duty to act
- Breach of duty
Types of Business Torts
The following sets forth several types of business torts that can be brought against an offending party:
- Fraud and Misrepresentation. In this case a plaintiff must prove that another party intentionally misrepresented a material fact. This fact must have been relied on by a third party or the public and, thus, the plaintiff suffered damages. This can also include negligent misrepresentation.
- Theft of Trade Secrets. This can occur when a former employee, contractor, or competitor unlawfully obtains and uses stolen confidential business information.
- Breach of Fiduciary Duty. Fiduciaries are obligated to act in the best interests of another party. A breach of fiduciary duty occurs when those parties fail to act in accordance with that duty.
- Tortious Interference. This occurs when another business or individual interferes with your business interests. In this instance the plaintiff would need to prove that the defendant’s actions exceeded what would be considered “fair” competition.
Tort Law Conclusions
Every case is unique. The best method to understand your legal options and possible damage recovery is to talk to a business law attorney. In a business tort case the following remedies can be claimed based on the facts of the case:
- Damages – This can be damages based on loss profits or injured reputations.
- Punitive Damages
- Equitable Remedies -This can include injunctions, fee forfeiture, court-appointed receiver, and more.
If you feel that your business’s rights have been violated talk to a business law attorney. A business tort case can be complex due to calculating damages and seeking an appropriate remedy. Talking with an experienced business tort lawyer can help you understand your legal options.
Texas and New York Business Law Attorney
Kirkpatrick Law is here to protect your financial future. If you feel that your business has suffered due to intentional or negligent actions of another, call us today. Eric Kirkpatrick has experience helping business’s recover. Call to discuss your legal options today!