Seek legal resolution of a business dispute by filing commercial tort claims in Houston, TX. There are many different types of torts. Commercial torts involve improper conduct involving commercial transactions. Commonly, commercial torts involve a breach of fiduciary duty, breach of contract, and unfair competition or fraud.
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.
Breach of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract, by non-performance or interference with the other party's performance. Contract litigation can be both substantively and procedurally complex.
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 officer engaging in insider trading.
The essential characteristic of fraud is the intent to deceive. In business, this may include a misrepresentation of material fact that 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 fraud, fiduciary duty, or breach of contract, then you should contact a competent attorney for legal representation — an attorney that has experience handling this type of case.
Call us today for a free consultation and evaluation of your case.