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Legal

What Is A Tort? (Hint: Definitely Not As Sweet As A Torte!)

Boyd Law Business torts are best described as wrongful actions. However, to be more specific, they are actions performed against either a large or small business that causes harm to that company. According to Franklin-based business lawyer Brian T. Boyd, a business tort is dangerous because it can create everything from a damaged reputation to profit losses. These types of actions can also cause an enterprise their rightful piece of the market share.

According to Boyd, business owners in Franklin that have been a victim of a tort can benefit from the help of a business lawyer. An attorney can act as legal counsel to help guide the business toward lawful retaliation. Further, having a business lawyer on retainer may help pad against economic losses directly resulting from the tort.

Legal recourse

Boyd explains that the most logical recourse to a tort is a civil lawsuit. The plaintiff – the harmed party – must then accept the burden of proof. They must prove beyond a shadow of a doubt that that harm was caused by the defendant – the offender. The plaintiff must also illustrate that the defendant had a responsibility to behave a certain way toward the business. This responsibility must have been unquestionably neglected.

In addition to negligence, the plaintiff may need to prove that the defendant’s actions were reckless and/or intentional. A business lawyer can help a plaintiff identify contractual responsibilities and, if applicable, any breached state or local laws.

At the conclusion of a civil trial, a judge may award a plaintiff financial damages up to and exceeding the amount of their lost profits. If found guilty, the defendant may also be issued a restraining order, which will prohibit them from continuing to cause harm to the plaintiff. A court of law may further rule that any defamatory or disparaging statements are publicly retracted.

Types of misconduct

There are many situations that may be considered a business tort. Boyd explains these include everything from business disparagement and malpractice to misrepresentation and the mishandling of trade secrets. When a business attorney looks at the case, they will also look for losses incurred by their client based on improper interference by the defendant.

Six types of business torts

Trade libel

Trade libel is a type of deformation where false statements are publicly published. This information might relate to the business itself or its products or services. As a business lawyer, Boyd explains these are usually some of the costliest cases since it involves the perception of Franklin’s residents, not just local corporate leaders.

Theft of trade secrets

Trade secrets are proprietary processes that give a business a competitive advantage. They are not published and, typically, only a select few have access. A tort involving trade secrets happens when an offending party comes into possession of the secrets and uses them against the business that rightfully owns them.

Tortious interference

This essentially refers to causing complications in business relationships. A business lawyer may claim tortious interference on behalf of their clients if the defendant unlawfully meddled with contractual agreements between the plaintiff and other parties.

Fraudulent misrepresentation

A breach of good faith is a fraudulent misrepresentation created to convince parties to join into a contractual agreement.

Commercial disparagement

This is the act of intentionally making a business or its products, services, or property look bad so that it loses business.

Restraint of trade

Restraint of trade is the act of creating unlawful barriers to production. For example, if a group of businesses band together and refuse to sell, distribute, or ship raw materials only to certain businesses. As a local business lawyer, Boyd can help Franklin-based owners and executives determine if their firm has been the victim of restraint of trade or if the actions against them were taken as part of a lawful non-compete.

If you believe that your business has been a victim of a tort, contact the Law Offices of Boyd & Wills for expert legal assistance. Our experts can help identify illegal behaviors and will represent your best interests in a court of law.

Law Firm

Tennessee Attorney Brian T. Boyd Answers Questions About Legal Myths

Boyd Law
Anyone who spends any amount of time online knows that there’s an unfortunate amount of misinformation floating around about everything from vaccines and autism to essential oils. So why is it, then, that business owners often take to Google or, worse, Facebook or Quora, when they need information best provided by a business lawyer? Brentwood-based attorney Brian T. Boyd says this is a huge mistake and one that could cost a business owner his reputation and livelihood.

Boyd recently sat down with us to help clear the air and below offers no-nonsense answers to questions all business owners should ask their attorney instead of their online acquaintances. Consulting with your lawyer can help you avoid business litigation which, in Brentwood, can be expensive, time-consuming, and reputation-ruining.

Q: Is it really necessary to have all of my contracts in writing?

Brian T. Boyd: If you want to avoid legal action and business litigation, yes. Brentwood business owners can protect themselves by ensuring that agreements between their company and clients are detailed in writing and signed by both parties. However, it is important to understand that oral contracts are often enforceable as are terms discussed via email or text messaging. To avoid any misunderstandings, your legal agreements should include wording stating that acceptance of the contract supersedes any previous communication.

Q: Contracts are really only necessary between me and my clients, right?

Brian T. Boyd: That’s a dangerous thought and one that could easily result in a dissolved partnership. When you are starting a business with friends or family, it’s easy to believe that your word is all that’s necessary. While this might be true when discussing what to bring for Thanksgiving dinner, you should always have a contract in place between yourself and any partners. Remember, money has a way of turning relationships from great to gone quickly, and, without legal protection, you could find yourself in the midst of business litigation, and a Brentwood judge will typically rule in favor of common practices instead of disputed verbal agreements.

Q: Can I use pictures or images that I find online in my marketing materials?

Brian T. Boyd: Breaking copyright laws or infringing upon someone else’s trademark can fast-track you straight to court, and if the history of business litigation in Brentwood is any indication, you won’t get off without a fine. Pictures, images, and even content posted to the web are not free for the taking. Before you go copying and pasting, do yourself and your company a favor and check the website for terms and conditions. Better yet, contact the image or content author and ask for permission to use their intellectual property.

Q: Will a nondisclosure agreement help keep my business information safe?

Brian T. Boyd: Unfortunately, this is not always the case. I have been a business lawyer in Brentwood for many years and have seen NDAs broken on numerous occasions. However, when you partner with the right people and have these agreements in place, it does significantly reduce the likelihood that the tricks of your trade will make their way to your competitors.

Q: I don’t really need a legal business structure, but I want to protect my assets. Should I set my business up as an LLC anyway?

Brian T. Boyd: There are pros and cons to creating a formal legal entity for your business. Forming an LLC or corporation does offer you some security against monetary losses if your company is not successful. However, if you don’t upkeep the requirements of maintaining the structure, such as creating clearly-defined operating procedures or making notes at shareholder meetings, then your personal assets can still be targeted. This is called piercing the corporate veil.

If you are facing business litigation in Brentwood or the surrounding areas, contact Brian T. Boyd at the Law Office of Brian T. Boyd — 615.861.1936.