A tort is basically a civil wrong caused by one person to another “legal person” whether as an individual, company or business. Unlike criminal acts, which are considered “wrongs” against society and punishable as such, torts are civil in nature often leading to damages as a remedy. Because they often revolve around disputes between private parties, they are tried in civil court, and focus on the damages / loss done to the injured party the methods for compensating such loss.

Torts are not limited to personal matters and can extend to commercial and business issues depending upon the circumstances. Commercial wrongs are common and can have a significant impact on your business. Examples include a professional who fails to do their job properly, tortuous interference with your contracts and business, the tort of intimidation (blackmail) or trespass to property could all be instances of torts encountered commercially. There are many ways torts can impact businesses and business owners, including the following scenarios:
Trespass. This occurs when there is a wrongful interference with a person or their property (e.g. land). In a commercial setting, this could happen when someone interferes with your ability to conduct business or fulfill contractual obligations. Alternatively, when you have locked out a tenant and they re-enter without permission.

Negligence. In appropriate circumstances one person could owe another a duty of care and when that duty is breached and harm follows there could be a case of negligence. Most people prefer to rely on a contract and the tort (or negligence) is often relied on in the alternative such as when a professional fails to give proper advice and a business relies on that advice and suffers harm.

Misrepresentation. This is mostly dealt with under the Australian Consumer Law so that when one person make false or misleading statements in trade or commerce that is relied upon by another who then suffers loss there could be an ACL type claim. A torts claim remains available but an actionable misrepresentation has limitations in terms of the remedies available.

Tort disputes are seemingly simple but the legal system is complex making it necessary to get advice from qualified professionals. If you find yourself in a situation where your business has been wronged, resulting in physical injury to property or damages, Litigant may be able help. We have handled many disputes in tort law and so call us to find out more about your rights, simply call our negligence dispute lawyers at +61 2 8644 0663 to book a consultation.

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