Business torts are the legal causes of action that are commonly used by litigators to assert claims arising from business disputes. A tort is a civil wrong. Tort claims are distinguished from breach of contract claims. There are numerous potential advantages to asserting business tort claims in lieu, of or in addition to, breach of contract claims. First, damage recoveries can be broader under business tort theories, including the possibility of punitive damages awards. Second, business tort theories may permit a claim against a defendant who is not a party to a contract with the plaintiff. Third, business tort theories may not be subject to limiting provisions in a contract, such as jury waivers. Examples of business tort claims include fraud, breach of fiduciary duty, conversion, misappropriation of trade secrets, and tortious interference with contractual relations. There are numerous strategic and procedural considerations that are involved in selecting the appropriate theories of recovery in business litigation matters. Please consult with an experienced attorney before asserting your claims in court.
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