Business Torts

Business torts are generally claims occurring when one business is wronged by another individual or business. Unlike personal liability where the harm is represented by monetary loss, a business tort can involve less tangible losses, such as a business’s monetary interests or business relationships.

Among others, such claims can include:

• Tortuous interference with contractual relations
• Fraud
• Negligent misrepresentation
• Intentional misrepresentation
• Unfair trade practices
• Commercial disparagement
• Bad faith
• Breach of fiduciary duties
• Misappropriation of proprietary information or trade secrets
• Interference with prospective business advantage

These claims all have four basic elements in common that make them fall under the definition of “tort.” First, one party owes a duty to another party, whether implied or written. Second, there is a breach of that duty. Third, there must be “proximate cause,” which means there is a chain of events leading from the breach of duty up to the fourth element of tort, damages. Put in the simplest terms, one must show a direct link between the failure of another party and there must be damages because of the failure.

Frank Lamothe has had extensive experience litigating various business torts. Should your business have an action against any other individual or business for business torts, contact our office today for a free consultation and case evaluation.