Commercial Torts

There are many different types of torts, commercial torts involve improper conduct involving commercial transactions. Commonly, commercial torts involve breach of fiduciary duty, unfair competition or fraud.

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In breach of fiduciary duty cases a fiduciary (one charged with acting in another party's best interest) takes action that is not in the other party's best interest. One example would be a corporate officers engaging in insider trading.

Unfair competition centers on the many types of dishonest or fraudulent rivalry in business. This can include tortious interference when a third party intentionally prevents a company from establishing a business relationship, encourages them to breach a contract or prevents them from fulfilling  contractual obligations to another company. Another type of unfair competition is intellectual property infringement which includes things such as trademarks, copyrights and patents.

The essential characteristic of fraud is the intent to deceive. In business this may include a misrepresentation of material fact which was relied upon but later caused harm. For example, if a seller of a business told the buyer inaccurate information about the operating expenses of the business, knowing that information was false, but the buyer relied on the information as good and purchased the business only to suffer losses later, that would be an example of fraud. The buyer would have to prove that the information provided by the seller was false, that the seller knew it was false, and that the buyer relied on the information to make his decision.

If you believe you are the victim of a Commercial Tort, then you should contact a competent attorney that has handled this type of case before.

Call us today for a free consult and evaluation of your case.