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Recent Blog Posts
When Can Commercial Litigation Address Tortious Interference?
It is important for business owners to understand the legal issues that they may need to address when entering into contracts or enforcing the terms of contractual agreements. In some cases, a business may need to address tortious interference. When another party attempts to interfere with a company's contractual agreements or commercial relationships, these issues may be addressed through commercial litigation. By understanding the principle of tortious interference, business owners can determine the actions they can take to protect themselves from potentially damaging situations.
What Is Tortious Interference?
Tortious interference occurs when someone intentionally interferes with an existing contract or a relationship between two parties. This type of interference may stem from false statements made about the other party; the use of threats, coercion, or intimidation; or even using bribery in an effort to manipulate a party into breaching their contract. A party who commits tortious interference could attempt to induce a breach of contract, seek to have someone commit a breach of their fiduciary duty, or obstruct the formation of a contract or relationship. In many cases, tortious interference will lead to significant financial losses for the affected parties. To successfully pursue litigation against someone for tortious interference, a business owner must prove that there was malicious intent on the part of the interfering party.
What Types of Damages Are Available in Breach of Contract Cases?
There are numerous situations where creditors or other companies may need to address a breach of contract through commercial litigation. A breach of contract occurs when one party fails to fulfill a contractual obligation, resulting in financial losses or other damages for the other party. If a contract has been breached, the non-breaching party may pursue litigation and seek compensation or other remedies from the breaching party. Creditors who need to address issues related to breach of contract will need to understand the remedies that may be available so that they can recoup the losses they have experienced due to the breach. The remedies available for a breach of contract may include:
Compensatory Damages
Compensatory damages are awarded to reimburse the non-breaching party for any losses incurred as a result of the breach. These losses may include lost profits, lost wages, and other monetary losses. Compensatory damages may also cover expenses related to mitigating or avoiding further losses due to the breach, such as the costs of hiring a new contractor or purchasing new materials. Compensatory damages are intended to put the non-breaching party in the position they would have been if the breach had not occurred.
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