Fraud, Tortious Interference with Contract or Prospective Business Relations, Business Disparagement, Defamation, Fraud or Negligent Misrepresentation, Intellectual Property Infringement
We zealously represent business owners and enterprises before State of Florida and United States federal courts when business interests have been harmed by the wrongful conduct of another individual or business entity. The wrongful actions performed against a business also known as business torts may cause damages to the business and implicitly to the owners, partners, investors, employees and other representatives. Oftentimes, business torts result in loss of profits, loss of competitive business advantage, loss of reputation and market share, loss of business opportunities and business relations and other losses that negatively impact a company’s projected business profits and revenues.
“Protecting your business interests is our top priority.”
Harm to a business is a harm to its owners, investors, employees, business partners and contractors, and any other agents and representatives because the harm can result in loss of revenue and profits for the business which in turn affects everyone involved. Claims for business torts may include fraud, tortious interference with contract or prospective business relations, business disparagement, fraud or negligent misrepresentation, intellectual property infringement and unfair competition among others.
Business tort claims arise when disputes are not based on an agreement but involve wrongdoing in the business relationship in a commercial context
The wrongdoing may be committed intentionally or may be caused by negligent or reckless behavior by individuals or other businesses. In other words, business torts arise when for example, one party is interfering with another individual’s business. It could arise if a company is engaging in illegal or unethical business practices, spreading false statements, misappropriating confidential information, infringing on another’s intellectual property or engaging in intentional or negligent misrepresentations.
In order to state a claim for common law fraud in the State of Florida, the injured party must establish that the other party intentionally made a misrepresentation of material fact, the other party intended the victim rely on the false statement of fact or omission, the injured party reasonably relied on the misrepresentation and as a result of his or her reliance on the misrepresentation or omission, the injured party was damaged and suffered a harm.
In Florida, a party to a contract may have a claim for tortious interference with contract if the party can establish that a valid contract existed between them and a third party, the defendant knew about the existing contract, the defendant took actions intended to induce a breach of contract, there was no legal justification for the interference and the interference resulted in damages.
Business disparagement occurs where a party makes false statements regarding the quality of goods or products, causing loss of business to the plaintiff
Many different types of claims involve disparagement, such as slander of title, and trade libel. Most people are aware that defamation, whether libel or slander results in harm to reputation but most people do not know that in Florida a party can bring a slander claim for injury caused to Florida land or real estate in the form of a slander of title claim. In addition, false or fake negative reviews of a product or service may also constitute disparagement or defamation. Other business tort claims that a party may bring in Florida can include infringing on another’s intellectual property or engaging in illegal or unethical business practices, spreading false statements, misappropriating confidential information, and others.
Contact us, your business attorneys in Florida to assist you with business torts claims.
Malescu Law P.A. – Business & Corporate Lawyers
Areas of Practice
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