Types of commercial disputes commercial litigation solicitors in London come across.

by Hudson Mckenzie Lawyers and Solicitors who understand you

Commercial litigation is an extensive term that encompasses a number of distinct business-related issues and disputes. This article provides general information on a number of common commercial litigation situations. Being involved in any sort of commercial dispute can have a negative impact on your business and on your individual livelihood. Commercial litigation solicitors in London can assist you with any of the following issues.

Contract disputes

Contract disputes can emerge in a number of situations — from a supplier's failure to deliver 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 is a legally enforceable agreement between two or more parties that creates an obligation to do or not do particular things. Once a valid contract exists, a party is under the duty to perform the agreed-upon contractual duty. A breach of contract occurs when a party fails to perform. In a breach of contract action, the main remedies adopted by leading commercial litigation solicitors in London are that the non-breaching party may pursue depend largely on the injury suffered.

Tortious disruption

Generally, business torts are claims for either intentional or negligent wrongdoing in a business relationship. These claims can be based either on statutes or on common law. One such tort is known as interference with contract or interference with prospective economic advantage. Though the elements of this tort vary from state to state, generally, a plaintiff must establish the existence of a contract or some economic relationship between the plaintiff and a third party; that the defendant knows about that relationship; intent by the defendant to disrupt or harm that relationship; actual disruption of the relationship; and damage to the plaintiff. Other business torts include unfair competition and conversion.

Antitrust and trade regulation

Generally, antitrust laws prohibit anti-competitive behavior and unfair business practices that harm consumers and businesses. Two of the main federal antitrust laws are the Sherman Act and the Robinson-Patman Act. Section 1 of the Sherman Act prohibits any contract, combination 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 prohibits price discrimination that threatens 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 reasonably close in time, with a difference in price, to two or more different purchasers for use, consumption or resale within the United States or any territory thereof, which may result in competitive injury.

Corporate disputes

Businesses, including partnerships and corporations, can face a number of legal disputes that fall under the umbrella of commercial litigation solicitors in London. Perhaps a shareholder brings a suit alleging that a company's officers or directors have breached their fiduciary duties or had a conflict of interest in a transaction that harmed the company. There could be a dispute among the partners or shareholders of a business. Corporate litigation that seeks to challenge mergers, acquisitions and financing arrangements are also common.

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Created on Jul 31st 2018 02:17. Viewed 438 times.


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