Tuesday, 22 October 2019

Various commercial disputes commercial litigation solicitors in London need to deal with.


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.

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