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Business Torts Attorney - San Diego California
Business torts are a class of claims that can be brought for wrong-doing in a business relationship that is not a breach of contract. One major difference between business torts and claims for breach of contract is that punitive damages are available for torts but not for a breach of contract. In some instances business tort claims may be brought even when the underlying action stems from a breach of contract. For immediate business tort advice, please call 619.398.1882.
A claim for a business tort can be brought by either an individual or a business entity such as a corporation or a limited liability company. Claims for business torts can come from statutes or from common law. There are many different theories for business torts. A suit may be brought under one or more tort theories at the same time.
The following list includes some of the possible business tort theories:
Intentional Interference with Prospective Economic Advantage
Negligent Interference with Prospective Economic Advantage
Unfair Competition Under Business & Professions
Code 17200
Discrimination Under the Unruh Civil Rights Act
Breach of Confidence
False Advertising Under Business & Professions Code
17500
Conversion
If you believe you may have a claim for a business tort, please let us provide the assistance you need. Contact Gaston & Gaston APLC at 619-398-1882.
Intentional Interference with Prospective Economic Advantage
This tort law theory allows a party to bring a suit when they believe another party has intentionally interfered with their ability to enter into a contract or business relationship with another in a way that caused economic damage.
A cause of action exists for intentional interference with another's prospective business advantage if the defendant intentionally disrupts or diverts the business relationship of another by improper methods which fall outside the boundaries of fair competition.
To state a cause of action for interference with prospective business advantage, the plaintiff must show an existing business relationship or the existence of a prospective business relationship that is more than speculative.
If you believe that another party has wrongfully interfered with one of your business relationships, call Gaston & Gaston APLC for a full consultation.
Negligent Interference with Prospective Economic Advantage
This tort law theory allows a party to bring a suit when they believe another party negligently interfered with their ability to enter into a contract or business relationship with another in a way that caused economic damage.
A cause of action exists for negligent interference with another's prospective business advantage if the defendant negligently disrupts or diverts the business relationship of another by improper methods which fall outside the boundaries of fair competition.
To state a cause of action for interference with prospective business advantage, the plaintiff must show an existing business relationship or the existence of a prospective business relationship that is more than speculative.
If you believe that another party has wrongfully interfered with one of your business relationships, call Gaston & Gaston APLC for a full consultation - 619-398-1882.
Unfair Competition Under Business & Professions Code 17200 (see also Unfair Competition in Intellectual Property section)
California Business and Profession Section 17200 is a statute that provides a very broad theory under which a party can bring a suit for acts of another that create an unfair business environment. It is often used as a “catchall” claim that is raised in conjunction with other business torts. As this is a California statute there must be some connection either via a party to the suit or where the events in question took place in California in order for a party to make a claim under this code section.
Section 17200 applies to any unlawful or unfair or fraudulent business act or practice and any unfair, deceptive, untrue or misleading advertising. An unfair business practice occurs whenever a business does an act that offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers. Section 17200 also provides a civil cause of action for any act by a business that is a violation of an existing law or that is fraudulent.
Therefore, if you think you have been treated unethically by a business, or have been subject to fraud, illegal business practices or untrue advertising, you may have a claim under Section 17200 of the California Business & Professions Code. Please contact Gaston & Gaston APLC for a full analysis of your case. Call 619-398-1882.
Discrimination Under the Unruh Civil Rights Act
The Unruh Civil Rights Act creates a cause of action for a business tort when a business establishment intentionally uses discriminatory business practices against a person who is deemed a protected person under the Act.
Specifically, the Unruh Act prohibits any business establishment from intentionally discriminating against any patron or class of patrons based on that person’s gender, race, color, religion, creed, national origin, or disability. However, the Act is liberally construed to encompass other categories or characteristics of persons not listed. The business establishment must have engaged in business practices that arbitrarily discriminate among its patrons. If you believe you may have been arbitrarily and intentionally discriminated against by a business, please consult the professionals at Gaston & Gaston APLC by calling 619-398-1882 for a complete analysis of your case.
Breach of Confidence
Breach of Confidence is a business tort theory that arises when two parties have a confidential relationship in which confidential information is shared. If a party wrongfully discloses or uses the confidential information and thus causes the other party to be damaged, that party may sue to recover their damages.
A confidential relationship often arises when two parties enter into a Non-Disclosure Agreement (NDA) or other type of Confidential Information Agreement. If one party breaches the terms of the Non-Disclosure Agreement (NDA) by using the confidential information of another for their own business purposes or by wrongfully disclosing the confidential information to another person or business, these acts may give rise to a breach of contract claim as well as the business tort of breach of confidence.
If you have valuable confidential information, it is critical that you take adequate steps to protect it by entering into a Non Disclosure Agreement (NDA) before releasing the information to another party. If you need assistance in the preparation of a Non-Disclosure Agreement, or the legal review of another party’s Non-Disclosure Agreement, Gaston & Gaston APLC is prepared to assist you. If you believe that a party has misused or wrongfully disclosed your valuable confidential information, please contact the professionals at Gaston & Gaston APLC. Please call us at 619-398-1882.
False Advertising Under Business & Professions Code 17500
California Business and Professions Code Section 17500 provides a state law basis for bringing a claim for false advertising. There is also a federal law basis for making a false advertising claim. However, the California statute does not require that there be a federal basis for the claim. Therefore, advertising done only within California may be actionable under the California code, while the same advertising may not necessarily be actionable under federal law.
If you believe that you may have been subject to misleading advertising, or advertising that is deceptive or false, you may have a claim under Section 17500. Please contact the professionals at Gaston & Gaston APLC at 619-398-1882.
Conversion
Conversion is a civil claim that can be brought when a party wrongfully takes another’s money or property.
Conversion is any act of control wrongfully exerted over another’s personal property. The control exerted must cause an actual interference with one’s ownership or right of possession.
Neither legal title nor absolute ownership of the property is necessary. A party need only allege he is entitled to immediate possession at the time of conversion. The fact that plaintiff regained possession of the converted property does not prevent him from suing for damages for the conversion.
A manual taking of the property is not necessary; it is only necessary to show that someone assumed control or ownership over the property, or that the alleged converter has applied the property to his or her own use. A person who converts another’s property to their own use must pay damages for the value of the past use of the property even if it is returned. Please call Gaston & Gaston APLC for a professional consultation if you believe someone has wrongfully converted your money or property to their own use: 619-398-1882
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