Common Legal Claims in Florida Business Disputes
The most typical legal claims in Florida business disputes are those given by statute, those established on contracts, and those based on torts. You may find contract claims on a written or verbal agreement or a law-implied one. Torts are claims predicated on intentional destructive behaviors or negligence, while statutory claims encapsulate those where a particular statute highlights the relief and the suit.
There are other means of addressing business disputes apart from lawsuits. For instance, you can use direct resolution methods like mediation and arbitration to resolve a business impasse. Hence, it is logical to highlight these claims in a more inclusive context of business disputes that supersedes limiting them to lawsuits.
Contract Claims in Business Disputes
The following contract claims can appear in business cases:
Written Contracts
A contract is a deal between two or more parties to provide a product or service for an agreed value. The agreed value is the vocal point of the deal. For instance, one party may agree to sew a dress for the other to pay for the service.
Most informed business people prefer a written contract because it saves them from legal tussles. The claims in a written contract depend on the contract’s terms. In some instances, the damage from a breach of contract includes termination of the agreement or monetary fines. The solution is known as rescission.
Oral Contracts
Sometimes, parties reach verbal agreements on business matters. However, it is always challenging to prove the terms of the agreement during disputes. The oral agreements may not even be enforceable under the Statute of Frauds. Most businesspersons dislike oral contracts because of the uncertainties and challenges that come with them.
Implied Contracts
Sometimes, Florida law permits the legal fiction of a contract, also known as an implied or quasi-contract, in the absence of a written contract. These quasi-contracts or quantum meruits lack explicitly defined agreements where a party reasonably agreed that there was an agreement and acted on that premise.
The law can make the other party pay for the service rendered because it benefited them, which a reasonable person will pay for under normal circumstances. This claim is another test of fairness because it stands on equity.
Other contract claims include equitable claims, invoice-based claims, and partnership & employee contract claims.
Tort Claims
The following are tort claims that always occur in business disagreements:
Negative Reviews and Online Defamation
Online defamation is an infamous business tort that has defamed the business environment recently. It includes written libel and spoken slander. Defamers can now quickly post their statements on different platforms with immense audience traction, making it an issue in businesses recently.
Defamatory comments have unimaginable negative impacts on a business. Of course, the law explicitly explains what we can term a defamatory comment; the constitution guarantees free speech. You need a competent lawyer to prove a defamation case.
Section 770.01 of the Florida Statutes mandates businesses to issue a five-day pre-suit notice before bringing a defamation claim.
Breach of Fiduciary Duties
Breach of fiduciary duties and business interference are other cases of business torts addressing lousy conduct. An insider must abide by some legal responsibilities to keep the business going. Breaching the fiduciary duty can have a catastrophic effect on the company or its partners, in some circumstances, both.
Other tort claims include conversion, fraud claims, injunctions, and goodwill misappropriation.
Statutory Claims in Business Disputes
The statutory claims outside of contracts and torts include:
Florida’s Deceptive and Unfair Trade Practices Act
This Act is primarily concerned with consumer matters. However, stakeholders have also used it in some business disagreements warranting the claim. These claims are always activated where a contract is silent on attorney’s fees. Thus, statutory claims in business conflicts are a mechanism through which to inject attorney’s fees into a disagreement in contexts where they are not recoverable.
Also Read: The Components of a Franchise: Knowing When to Franchise Your Business
Civil Theft
Also, Florida law permits civil damage claims on criminal actions such as theft. The claim is appropriately called civil theft. It bears devastating damages and counsel’s fees.
However, it also has pre-suit requirements that one should religiously follow. It has a higher burden of establishing evidence than contract and tort claims.
Another statutory claim is Florida’s uniform commercial code. “A reputable attorney may be able to help you become more knowledgeable of the laws that surround these legal claims.” says Attorney Lorri Lomnitzer of The Lomnitzer Law Firm, P.A.
