Business Torts Representation In Columbia, South Carolina
Much of commercial litigation involves statutory claims (including rules and regulations in this analysis) and breaches of contract. This section seeks to explain another area of law called torts.
Statutory claims can include the South Carolina Trade Secrets Act where the legislature recognized that various information, including formulas, methods and client lists, not easily available to the public, and reasonably kept confidential by the company, have a value that should be protected by law. Statutory claims are created by the legislature and reflect its goal of helping free enterprise to prosper.
Contract Disputes And Business Torts
Contracts are “private law” created by the parties to the contract. The terms of the contract dictate the rules the parties were required to follow in order to comply with the contract and not be in breach. Breaches of contract are actionable and can be the basis of a lawsuit.
Business torts are a close cousin to commercial litigation in general and represent a subset of wrongful activity that causes harm to a business enterprise. The law of torts focuses on the duties parties owe to one another independent of statutes, rules of law, regulations and contracts.
One example of a business tort is fraud, where one party knowingly misrepresents facts to another, knowing they will rely on the misrepresentation or hoping they will. To prove fraud, one must show they were injured by reliance on a misrepresentation. Torts are creations of the Judicial Branch of government and sometimes referred to as “judge-made” law.
For More Information
Any lawyer who seeks to help a business that has suffered an injury due to someone else’s wrongdoing needs to be knowledgeable regarding the potential claims, including the range of business torts that the courts have recognized as well as the possibilities of a statutory or breach of contract claim. Often an injured company has more than one claim, and they may fall into any or all of these categories.
Do not make the mistake of choosing unqualified representation that may not have the necessary expertise to handle your claim! Contract law, business fraud and other torts are complex and require high levels of familiarity. Due to our long history in the field of tort law, we have the experience and knowledge to help an injured company navigate the legal principles that may apply and use them to your best advantage. If you have a potential claim, please do not hesitate to give us a call.