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6 Most Common Commercial Litigation Disputes


If a business relationship sours it is best to seek the help of a lawyer. Though the types and complexity of business claims vary, there are few common disputes owners face. That’s why, we’ve outlined the six most common below.

1. Breach of Contract

A breach of contract occurs when one party has failed to fulfil any part of their obligations. If the party is not able to provide a valid (and legal) reason for why, your company is eligible to file a claim. Some of the most common types of breaches occur when a company has failed to make payments or meet the payment terms set out in the contract. Breaches also occur if a party has not delivered on contracted goods, delivered inadequate goods or failed to meet the contracted deadline.

These types of claims are common and can often be handled outside of the courts. However, it is best to contact a lawyer to handle the mediation process to avoid further disputes.

2. Partnership Disputes or Separations

Partnership disputes between business colleagues can be difficult to settle without a lawyer. This can be a tricky situation to settle, especially if the partners don’t have a written agreement. If an agreement was not established at the beginning of the relationship, then it is best to have a commercial litigation lawyer assess the situation. A lawyer can establish ownership of goods to ensure a fair outcome for both parties.

3. Consumer Fraud

Consumer fraud is defined as a deceptive and fraudulent act against the consumer, resulting in a loss. This often means that the customer has been deceived by the business into thinking a transaction is legitimate. One of the most common types of cases that are filed are financial losses. For example, if customers paid more for goods or services than would be reasonable. Or, for things that they will never receive. These cases are often filed by victims of the fraudulent act looking for retribution.

4. Product Liability

Product liability cases deal with defective or dangerous products that were unknowingly sold to customer. These cases are filed to hold the manufacturer or retailer liable for selling a defective item to customers. In order to prove the case, the plaintiff must prove that there were either design, manufacturing or marketing defects in the product that directly impacted the person. These cases are often filed by someone who suffered from purchasing a defective product, and wants retribution from the company.

5. Unfair Competition

Unfair competition is a term used to describe an act or practice in business that negatively impacts the company. One of the most common types of cases regarding unfair competition is trademark infringement. These cases occur when a company’s logo is mis-used. For example, if a retailer uses another company’s logo on products without the owner knowing. Another common unfair competition claim is false advertising. False advertising can occur when a company makes exaggerated claims about their product when compared to another. This is a deceptive way to lure in customers and can be grounds for a claim. If your company has undergone any of these scenarios, it is best to speak with a commercial lawyer.

6. Employment Disputes

When employment disputes occur within a company, it can be difficult to solve. As well, they can cause discomfort and unrest in the workplace. That’s why, it’s best to contact a lawyer to mediate. Doing this, can resolve the issue quickly with minimal disruption to your staff. These cases often arise when an existing employee has made claims of harassment, or if a terminated employee claims their resignation was wrongful or discriminatory.