Torts Law – Intentional and Negligence
Tort lawyers are super busy. Present circumstances push for new definitions of injury, damage, causation, and wrongdoing. The usual principles of tort law apply to business as well. If your enterprise suffers damage or is negatively affected by the actions of another party, you have grounds to seek legal compensation.
Call Hess-Verdon at (949) 706-7300.
What is a Business Tort?
Economic torts is another term for business torts. They refer to a wrongful action against a business that consequently causes it harm. Torts may lead to lost profits, damaged reputation, or loss of competitive edge, among other consequences. The defendant -typically a competing business- may have committed the actions intentionally or out of negligence.
Business tort laws operate under two basic principles.
1. To compensate the victim for all losses resulting from the action
2. To deter the at-fault party from committing the same acts in the future
Business torts are civil and not criminal wrongs. If your business has suffered financial harm from the wrongful actions of others, you can seek financial restitution. Hess-Verdon’s savvy business lawyers have helped many clients get just compensation through comprehensive and bold legal representation.
The 4 Elements of Business Tort – Things to Consider
A business tort lawsuit can only stand on its feet if:
1. There was duty – the defendant had an obligation to act in ways that don’t cause harm to the plaintiff
2. There was a breach of duty – the defendant acted in ways that cause damage to the plaintiff
3. An injury occurred – the actions of the defendant caused injury to the plaintiff
4. There is causation -the injury the plaintiff suffered can be directly linked to the wrongful actions of the defendant
If these elements are in place, then a tort has been committed, and the plaintiff can seek financial compensation.
Business Tort Examples:
Hess-Verdon attorneys regularly represent businesses on a variety of tort matters, including:
Fraud and deceit
Fraud in business transactions happens when one party makes false statements to another. It may also be a case of omission-the defendant fails to mention facts, thereby causing harm for the victim. The victim could have used the information or deletion to decide on the transaction.
Following a fraud and deceit tort litigation, plaintiffs may qualify for various types of damages. The transaction proven to be fraudulent or deceitful can be canceled. If the plaintiff lost money, the finances could be restituted.
These cases primarily involve untrue statements made during contractual dealings that cause another party to suffer financial losses. A key element for negligent misrepresentation cases is proof (by the plaintiff) that the defendant knowingly made the misleading statement. If the victim obtains a favorable judicial ruling, the contract may be canceled. Or/also they may receive financial compensation equal to their losses.
Violation of fiduciary duty
A fiduciary duty is a duty of loyalty or care owed by one party to another. When you have a fiduciary with another person, you are required to act in their interest. A breach of fiduciary occurs when you act in your interest and not of the principal-the person in question. In breach of fiduciary litigation, the plaintiff must prove the existence of the fiduciary or contact with the accused and how their actions caused business harm.
Company A employs John as a vendor in his trucking company. When he is away, John takes the crane and uses it for his purposes. It breaks during the process, and there is no way for him to replace it because the cost was over $300,000. If Company A wishes to reclaim the property’s value that was damaged under unauthorized use by John – conversion litigation is the path to take.
Wrongful conversion is an intentional tort law that is equal to a theft charge under criminal law. This may happen when a business party acting without your permission:
· Takes and uses/ misuses your property
· Fails to return the property
· Sells the property
· Substantially changes the property
Handling business theft as a criminal matter may lead to criminal charges such as imprisonment for the accused but not enough financial restitution for the victim. Conversion litigation enables the victim to recoup compensation for the damages.
Take note that wrongful conversion lawsuits only apply to physical property and not immaterial property like trade secrets, stocks, or insurance policies.
Business civil conspiracy happens when two or many parties agree to commit a wrongful action that economically hurts another party. Generally speaking, conspiracy occurs in tandem with another tort, such as fraud. An example is when two or many companies participate in a price-fixing scheme to drive their competitor into losses. In these cases, each co-conspirator is held liable for the actions of their partners in crime.
Defamation with business losses
In business, image is everything. Image is a representation of brand value, company commitment, honesty, integrity, and reputation. Defamation happens when someone makes a false or damaging statement that lowers your brand esteem in the eyes of customers, business partners, and the general public.
Business defamation examples include fake and disparaging reviews, trade libel, or malicious comparative advertising. If your business image suffers from the wrongful-negligent or intentional acts of another party, you might have grounds to obtain financial restitution.
Please note that business defamation cases can only be litigated if the statements made are false. If the defendant proves that the hurtful things they said are true, you’ll have no case.
Tortious interference with the business relationship
The relationship interfered with may be contractual or prospective. If someone knowingly or unknowingly sabotages your business relationship with a present or future business partner or client, business tort law is on your side. You can seek legal compensation.
You will only have to prove that the defendant knew about the relationship or should have known about it. You will also have to show that they knew or should have known about the harmful consequences of their actions. Finally, you must also show that their actions cause quantifiable damage, financial or otherwise.
Business torts require the best legal minds and genius strategies for successful litigation. Hess-Verdon is a leading business law firm in California, offering high-level expertise and trial advocacy experience in tort law. Let us help you protect your business interests.
Contact us at (949) 706-7300
Newport Beach Business Attorneys Near Me
Hess-Verdon is in Newport Beach. We have 30 years’ experience in business law. We have helped many clients protect their business, grow their businesses, and pass it down to their loved ones through various legal instruments.
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