Business Torts

What are business torts and why should they be utilized when available in litigation? A tort is a civil wrong and it is differentiated from a breach of contract. Examples of business torts include fraud, conversion and breach of fiduciary duty. The primary distinction between business tort claims and breach of contract claims that makes business tort claims more desirable for plaintiffs is in the area of damages. Unlike in breach of contract claims, business tort claims offer the possibility of punitive damages under certain circumstances. Additionally, the measure of damages in business tort claims is likely to be more permissive than in a breach of contract claim. But be careful, under Pennsylvania law, the statute of limitations for business tort claims will generally be two years, while breach of contract claims generally have a four year statute of limitations. Deciding which claims are the best ones to pursue in a business litigation can be complicated. Strategizing the best approach for your business litigation is an important aspect of the overall process.