Conflicts in the corporate world are almost unavoidable. It’s not uncommon to find significant variation in commercial practices and decision-making both across and within enterprises. In every workplace, partnerships may diverge, compensation disparities can grow contentious, and discrimination can tragically occur. Occasionally, commercial disputes like this may be addressed amicably, but often, they are more urgent and necessitate legal action. But what is a business conflict, and what can be done to settle it?
Commercial litigation refers to any legal proceeding that arises out of a business disagreement or conflict. When a dispute emerges between two or more firms and the parties seek judicial settlement, commercial litigation is initiated.
As a result of the fact that all business disagreements and disputes come under the category of commercial litigation, several sub-branches develop. Examples include:
1. Breach of Contract
When one party breaches an agreed-upon contract or legally enforceable agreement, the other side may commence legal action. A breach of contract happens when one party fails to meet the responsibilities, restrictions, or conditions outlined in the agreement or signals the desire to do so. The contract might also be violated if performance becomes impossible owing to the actions of the defaulting party. When a contract is violated, the party responsible for the violation must pay for any ensuing damages or losses. Real estate deals, sales of securities, and mergers and acquisitions are examples of such conflicts.
2. Breach of Fiduciary Duty
The term “fiduciary responsibility” is used to describe a party’s legal obligation to “act and perform” in another party’s “best interest.” As a result of a violation of fiduciary obligation, legal action may be brought against a person whose acts contradict this duty. This may include attorney-client connections, board member-shareholder interactions, trustee-beneficiary relationships, and more.
3. Fraud/Deceptive Trade
A firm may engage in an unlawful or misleading activity in the form of a transaction that is likely to mislead the ordinary consumer, as well as any incident of fraud or misrepresentation. This may involve the employment of unethical, dishonest, or deceptive commercial practises, such as false advertising, misleading pricing, or noncompliance with production requirements.
4. Employment Disputes
Any disagreement or conflict between an employer and an employee might give rise to legal action. This often concerns the employee’s legal rights but may also emerge from unequal treatment in terms of salary, benefits, or other forms of remuneration.
5. Shareholder and Partnership Disputes
What started off as a good collaboration may quickly become sour, and all too frequently, this leads to unpleasant disagreements. When such disagreements begin to jeopardize the company’s integrity and development goals, it is in everyone’s best interest to seek legal assistance for any resultant partnership disputes.
Due to the expansive nature of commercial conflicts, it is essential to understand what they encompass prior to initiating commercial litigation. Outline your argument and assert your rights in the disagreement to guarantee your and your company’s integrity is not compromised.
If you are experiencing a disagreement that is escalating out of control and need an experienced commercial litigation attorney, the team at Sodagar & Company is devoted to help resolve your business dispute. Access our will questionnaire by clicking here and become acquainted with the data we need to get your affairs in order.