Is it just Business or an Intentional Business Tort?

Is It Just Business or an Intentional Business Tort?

Businesses make decisions to better their bottom line daily. But sometimes, business isn’t all business. Intentional business torts are done with malicious or careless intent to harm another entity or person. The person or entity carrying out the harm (also called the tortfeasor) seeks the consequences of their actions or at least knows that certain consequences are likely to result from their actions.  

Businesses or sole proprietors that have been injured financially by the willful, reckless, negligent, or otherwise wrongful actions of the tortfeasor are entitled to sue for damages, including a monetary award or orders issued by the court to cease certain unlawful activities. Business tort claims can ask for damages for losses incurred in the past, present, or future, as projected. Losses can also be tangible, affecting profits and assets, or intangible, affecting relationships or reputation. 

Examples of Intentional Business Torts

Intentional business torts can happen against persons, against property or against a person’s or entity’s economic interests. Some examples of each include:

FRAUD

One of the most commonly understood types of business torts is fraud. However, committing fraud does not always mean that a party made a false statement. It can also mean that a party intentionally omitted crucial information. In Business, it is considered fraud if there was either a lie or omission of facts to have a third-party make a non-fully informed decision. 

Victims of fraud can recover a variety of different types of damages.  For instance, a transaction induced through fraud can potentially be voided and, if the fraud victim loses money, the money may be recoverable through legal action.  Fraud victims may also be able to recover punitive damages

CONSPIRACY

In instances where a business tort has occurred, sometimes it is by more than just an individual. If multiple parties are involved in committing fraud, then conspiracy charges can also be filed. Whenever two or more parties act together unlawfully it is a conspiracy, and could easily happen in combination with many types of business torts.

In most cases, conspiracy occurs in combination with a separate tort, such as fraud mentioned above. For example, two or more companies may engage in a price-fixing scheme in order to drive a competitor out of business, or a majority of shareholders may collude to force out a minority shareholder.

In a civil conspiracy, each conspirator is liable for the torts of other co-conspirators.

Defamation

Reputation is everything, especially in business. If someone makes false or damaging statements against you or your company, you can sue for defamation to recover losses incurred by the disparaging comments (i.e. clients deterred from doing business with you due to derogatory statements they believe to be true). 

Word-of-mouth and published statements can both qualify as defamatory actions. Fake product reviews or trade libel can cause potential customers to avoid doing business with you. Additionally, someone discouraging other professionals from engaging in business with you due to false allegations against you is called commercial disparagement. 

If it’s false, it’s intentionally harmful and likely actionable. But if it’s true, although damaging, it’s part of normal business. 

Civil theft and conversion

Civil theft allows the victim deprived of their property the opportunity to get financial restitution to cover the monetary value of their losses. Criminal penalties might also apply, but they will do little to help make the victim whole. Civil theft suits not only reimburse the victims for actual losses, but also often enables them to receive attorney’s fees or additional compensation for their suffering.

Conversion slightly differs from civil theft in that it’s a wrongful assertion of ownership over property rather than simply depriving the victim of their ownership. Conversion can apply to tangible and intangible property, such as a percentage of interest in a company. Theft of trade secrets is another example of a conversion claim, where a person or entity uses confidential or proprietary information belonging to a company for their own benefit and without the company’s approval. 

Tortious interference 

Contracts are commonplace in business, and partnerships or business relationships are important for growth and collaboration. But when one party unlawfully interferes with the contract or business relationship of another party, you might have a tortious interference claim. They might blackmail, intimidate, threaten, persuade, obstruct, or otherwise encourage or force someone to break their promises or ties to you and your business causing you economic harm. 

To prove tortious interference, you must show the following:

  1. Tortfeasor had knowledge of contractual or business relationships.
  2. Tortfeasor intended to sever that relationship or interfere with the contracted individual’s or entity’s ability to fulfill their obligations.
  3. By interfering, the tortfeasor caused financial harm to the wounded party. 

Hiring an experienced Alabama intentional business tort attorney

Business tort claims are complex and challenging, often covering multiple areas of law and misconduct, including business law, contracts, personal injuries, negligence, and malpractice. These cases also typically involve multiple parties and losses that extend beyond one person and can affect an entire company.  

If you find yourself involved in a business tort action, the business litigation attorneys at Taylor Martino P.C. are experienced at handling these types of cases and are fully committed to providing the efficient legal representation your business needs. Hiring an experienced business tort litigation lawyer is the best way to protect your interests and the interests of your business. 

Operating on a contingency basis means that we have a strong incentive to obtain the greatest recovery possible. As Business Litigation and Tort lawyers, Taylor Martino can work for you on a contingency-fee-basis. This means you will be completely unencumbered by pricey hourly fees and billing. In fact, you only pay when we get results and successfully recover a “win” for you. This also means that we are confident in the merit of the cases we accept.

Taylor Martino’s business tort claim attorneys work hard to ensure your rights and protect your business interests. If you currently find yourself injured by one of the previously mentioned business torts in Alabama, consulting with a business litigation attorney at Taylor Martino is the best way to ensure your rights are protected. We offer a free consultation to help evaluate your options, so you can decide the right course of action for you, your business, and your future business and professional interests. 

Contact us at 251-433-3131 or here on our website to get started.

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Johnny Smith
Johnny Smith
21:19 10 Feb 22
When I met Ed Rowan, my family and I were in a dispute with a very large and nationally recognized company. From the start, I could tell we were in good hands. His immediate grasp of the case, including the most minute details was refreshing. Within a few weeks, I found that skill and a good memory were only two of Ed’s attributes. He is also honest, hardworking, and extremely motivated to win. The successful resolution of our case far exceeded my expectations. Ed Rowan has proved himself to me. He will be my first call for any legal issues I have in the future.
Noelle L.
Noelle L.
22:11 23 Jan 22
My family and I had a very positive experience with this law firm. Our attorney worked so hard on our behalf. We were extremely happy with the outcome. I would highly recommend this firm to others that are looking for help. Thank you for making this a positive experience for us. We had other things to worry about. This firm took our legal worries away. Thank you, again, for your service.
Jordan Davis
Jordan Davis
13:24 20 Aug 19
Love the whole legal team at Taylor Martino. They truly care about their clients. Would not go to any another Injury Lawyer in Alabama!
Kiyyah Malik
Kiyyah Malik
19:09 13 Jun 19
Ben Kearns and the staff at Taylor Martino made a terrible situation (car accident) into a much simpler less stressful process. I appreciate all the dedication and hard work. They are highly recommended in my book!
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Shadow Yuuki
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I heard about Ed Rowan from my aunt and gave him a call. Ed Rowan got things done in a timely matter and Elizabeth Wright was very helpful and quick to respond when I had any questions.
Tim Howard
Tim Howard
15:11 23 Sep 18
I highly recommend the firm as they took my case and settled it quickly. They took me in and treated me like family from day one. They kept me informed throughout the process and never left me feeling uncomfortable. Ben and Jennifer went above and beyond what anyone would expect.
sree harsha sunkara
sree harsha sunkara
15:14 13 Apr 18
This was the best law firm I have ever experienced. All I did was just contacted them and they did the rest for me and updated me every week about the work in process. They were so good and I highly recommend them in case of any accidents
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Alice Dobson
12:17 19 Oct 17
No one ever wants to find themselves in need of an attorney, however, if needed you should contact Taylor Martino. They all worked very hard on my case and got me a much bigger settlement than I ever expected. I hope to never be in need of a lawyer again but if I do, I'll be calling them.
Laura V
Laura V
03:09 13 Oct 17
I had a family member use this firm a couple months ago and dealt with Richard Taylor. He was very professional and compassionate. He went above and beyond to make sure my family was informed and felt confident in their situation. I would recommend this firm to anyone!
debra hadley
debra hadley
02:49 15 Dec 15
Ed Rowan was very knowledgeable, professional and truly cared about my case. He was diligent in pursuing my case as if I was his only client. He kept me informed from the beginning to end and was always willing to listen and answer my questions.Give him a call he is excellent.
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