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What Are the Most Common Business Torts?

Jacksonville, Florida, business litigation law firm Regan Atwood has represented Florida corporations, partners, individuals, and shareholders in business torts disputes since 2006. What are the most common business torts?

Led by managing partner Jeff Regan, a Florida Bar board certified attorney in business litigation, Regan Atwood has experience representing business torts litigation, fraud cases, interference with business cases, interference with contract cases.

What Are the Most Common Business Torts?

Common business torts include:

Interference with contractual relations: interference with contractual relations occurs when one person knows of a contract between two other entities, and intentionally disrupts the contract.

Interference with a prospective business advantage: these torts involve a business relationship likely to benefit one party. A third person or party knowingly goes about breaking up the business relationship to try to enter a new business relationship.

For example, an electrical sub-contractor has a close association with a contractor based on past work and expects more work in an upcoming project. The sub-contractor’s competitor alienates the contractor from the electrician by spreading lies about shoddy work performance.

Shareholder and partnership disputes: a shareholder and partnership disputes can occur when owners of a business don’t agree on how a business should be run.

Sometimes the disputes occur over an owner stealing money from a business. The action in this situation might be to bring a case of breach of fiduciary duty. When one partner does not act in the best interests of another partner and that partner suffers a loss, the losing partner may be entitled to damages.

Breach of contract: a breach of contract is a failure to complete and honor the terms of a contract — written or oral. Examples are not completing a service, failure to deliver goods, or not providing payment.

Unfair trade practices: unfair trade practices occur when a business misleads consumers to make a sale, spreads disinformation, or makes false claims. Florida law allows both consumers and the enforcing authority for the industry to file suits in deceptive trade practices.

Fraud occurs when a party, or parties, uses deceit or trickery to deprive a business of its money, its property, or its legal rights. The party that has lost revenue due to fraud and is entitled to file a lawsuit to recover damages.

Fraud in the inducement: fraud in the inducement occurs when someone uses deceit or trickery that in turn causes a person to act and that action is at a disadvantage, for example, signing an agreement, or making a purchase.

Tortious interference: tortious interference occurs when a third party in a business contract or relationship intentionally disrupts that contract or relationship. For example, one party spreads
false information about a business at a conference to destroy customer trust and relationships.

Negligent representation: negligent representation occurs when a party makes a false statement with the intention of closing a deal.

When a complex business dispute arises that cannot be resolved through negotiation or arbitration proceedings, business litigation may become necessary.

Regan Atwood, a 2020 U.S. News & World Report Best Law Firm, has represented businesses, partners, individuals, and shareholders in Florida business tort litigation across Florida since 2006.

Regan Atwood. Experience. Integrity. Results.

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