The experienced commercial litigation attorneys at Stok Folk + Kon provide capable guidance to businesses in the Aventura area that may have tort claims against other individuals or entities. We work closely with our clients to fully assess the nature of a claim, the rights of the parties involved, and all possible remedies. Our firm handles a variety of business torts and can help you navigate the legal process when facing harm caused by another party’s actions.
Business torts are legal causes of action brought by an entity after it has been harmed in some way. Most of these claims arise after a company has sustained some type of loss, whether it is loss of a business relationship, a profit loss, or even loss of future business opportunities. Some of the most common business torts include misrepresentation, tortious interference, and breach of fiduciary duty.Misrepresentation
Also known as fraud, this cause of action may arise when an entity makes a false claim to induce a party to perform an alleged obligation. The party does perform but is then harmed by its reliance on the false representation of the other party. The plaintiff (the harmed party) would then bring an action for damages against the opposing party. With this type of tort, a party must be able to prove that the harm suffered was a direct result of relying on the opposing party’s misrepresentation. The same type of claim would also arise if a party purposely omitted a material and important fact during business negotiations and the other party was harmed.Tortious Interference
There are two ways in which a third party can cause tortious interference. A third party can interfere with a contract already formed between two parties, or a third party can interfere with the prospective business opportunities between the two parties. To succeed on a claim of contractual interference, the plaintiff entity must prove that:
- A valid contract existed between the plaintiff and another party;
- The third party (defendant) knew of the contract;
- The defendant acted intentionally to persuade the other party to breach the contract in some way;
- There was an actual breach of contract by the party; and
- The plaintiff suffered damages due to the breach caused by the defendant.
The same elements must be proven for a claim of tortious interference regarding business relationships, but the plaintiff must prove that the third party acted intentionally to upset the business relationship between the two parties and the plaintiff was harmed because of the third party’s actions.Breach of Fiduciary Duty
A fiduciary is a party that is responsible for the best interest of a beneficiary. One of the more traditional roles of fiduciary and beneficiary is that of corporate executives and shareholders, respectively. The executives must act in the best interest of the company shareholders. If the executives act in a manner contrary to the best interest of the shareholders, they have committed a breach of their fiduciary duty. If the shareholders sustain a loss of profits or are harmed in some way, a cause of action arises against the executives for a breach of their fiduciary duty.Potential Remedies
The most common remedy for any type of tortious conduct by a business entity is to require the entity to pay monetary damages to the harmed party. The damages amount is generally for the actual amount of loss to the plaintiff. The judge may also order the defendant to pay punitive damages for truly reprehensible conduct. A judge may additionally issue a permanent injunction against the defendant, directing the defendant to indefinitely cease the conduct that caused the harm to the plaintiff.Discuss a Business Dispute with an Aventura Attorney
The Aventura lawyers at Stok Folk + Kon can guide clients through business law matters and the disputes that may arise from them. Having worked closely with entities throughout the region for over a decade, we consistently provide capable legal representation to companies in Hollywood, Fort Lauderdale, and the surrounding cities. Call us today at 305-935-4440 or contact us online to schedule a consultation.