Commercial litigation is a
broader term that includes a number of various business-related concerns and issues.
This article gives general information on a number of common commercial
litigation cases. Being involved in any kind of commercial dispute can have an
adverse impact on your business and on your specific livelihood. Commercial
litigation solicitors in London can help you with any of the given issues.
Contract disputes
Contract disputes can come up in
a number of scenarios — from a supplier's failure to provide goods to your
company according to the terms of your agreement to a dispute with a former
employee over a non-compete agreement or employment contract. A contract refers
to a legally binding agreement between two or more parties that develops an
obligation to do or not do specific things. Once a valid contract in place, a
party is under the obligation to perform the agreed upon contractual duty. A
breach of contract occurs when a party is unable to perform. In a break of
contract action, the primary remedies adopted by leading commercial
litigation solicitors in London are that the non-breaching party may chase
depend largely on the injury suffered.
Tortious disruption
In general, business offenses are
claims for either intentional or negligent wrong doing in a business
relationship. These claims can be based either on statutes or on common law.
One such offense is known as interference with contract or interference with potential
economic advantage. Though the elements of this tort differ from state to
state, usually, a plaintiff must fix the existence of a contract or some
economic relationship between the plaintiff and a third party; that the defendant knows about that relationship; resolved by the defendant to disrupt
or harm that relationship; actual disruption of the relationship; and damage to
the plaintiff. Other business torts include partial competition and conversion.
Antitrust and trade regulation
Usually, antitrust laws prohibit
anticompetitive behavior and unfair business practices that disrupt consumers
and businesses. Two of the major federal antitrust laws are the Sherman Act and
the Robinson-Patman Act. Section 1 of the Sherman Act prohibits any contract, mix
or conspiracy that restrains trade unreasonably. Section 2 of the Sherman Act
makes it unlawful for companies to monopolize or attempt to monopolize trade or
commerce. The Robinson-Patman Act forbids price discrimination that looms to
harm competition. In order for the Robinson-Patman Act to be implicated, there
must be two or more sales, by the same seller, of commodities of like grade and
quality, that occurred sensibly close in time, with a variation in price, to
two or more different buyers for use, consumption or resale within the United
States or any territory thereof, which may lead to competitive injury.
Corporate disputes
Businesses, encompassing
partnerships and companies, can come across a number of legal concerns that come
under the purview of commercial
litigation solicitors in London. Maybe a shareholder brings a suit alleging
that a company's officers or directors have ruptured their fiduciary duties or
had a conflict of interest in a transaction that injured the company. There
could be a dispute among the partners or shareholders of a business. Corporate
litigation that aspires to test mergers, acquisitions and financing
arrangements are also quite prevalent.