A tort is an act of civil wrongdoing (not criminal) against another. The tort laws cover many different types of acts arising from breach of duties, negligence and others. The laws penalize those who have erred and allow the enforcement of the parties' legal rights. Litigation can be a lengthy process and labor-intense with many deadlines per code procedures. Our attorneys with Schern Richardson Finter are knowledgeable and experienced litigators. We have helped many clients resolve their disputes, recover damages, and receive justice through the legal process. Anyone who is involved in a commercial tort matter can benefit from the support of a firm with the resources to handle all aspects of litigation, arbitration and mediation. Our firm handles cases involving torts in construction law, real estate law, commission disputes, boundary disputes, breach of fiduciary duties, fraud and misrepresentation.
Those in position of fiduciary responsibilities have a duty to the parties in a transaction. For instance, an escrow agent has a fiduciary duty to the parties and must conduct transactions with scrupulous care, honesty, and diligence. Likewise, trustees, attorneys, partners, and other similar responsible parties have fiduciary duties to their clients and those they represent. Failure to act per the rules of fiduciary responsibilities can constitute a breach of contract and civil wrongdoing. Other types of wrongdoing can include interference with a contract, negligent misrepresentation, and common law fraud.
Common torts can include the following whether committed intentionally or unintentionally:
Our firm handles cases that deal with commercial torts that involve unfair business practices, false advertising, unfair competition and like occurrences. We work to help clients resolve their differences through negotiations, mediation-arbitration, or litigation in the court system.
In Arizona, the litigation process consists of steps. Filing of the complaint is the first action. There are filings of motions with the court and those consist of asking the court to approve certain actions like disallowing evidence, requesting case dismissal or other motions. The discovery phase can be long and that can include written requests for information and documents, depositions, and other gathering of facts with the timeframe of the discovery phase. Meet & confer and status conferences occur prior to trial. If the case does not settle then it will go to trial at which time there will be a judgment made. In the case of an unfavorable decision the court and there are legitimate grounds for appeal, the case may go to the higher appeals court in attempt to overthrow the judgment. The use of Alternative Dispute Resolution (ADR) is encouraged by the courts and it provides an opportunity for the parties to have their case mediated by an experienced legal professional in order to get the parties to settle.
In order to recover damages in a commercial tort case, the plaintiff's case must meet the elements of tort law. Plaintiff must prove:
For example, the plaintiff may seek recovery for economic losses. That would depend on the nature of the economic loss, whether a defect was the reason for loss, and whether the loss occurred in a sudden or accidental manner. For causation, the damage would not have occurred with the breach of contract. Damages sought would be for the full amount of money that would provide reasonable and fair compensation for damages and the proof that that the damages resulted from a breach of duty. Damages can include loss of property or money, lost profits and proceeds, bodily harm and emotional distress.
Our attorneys can help you with your commercial tort case. Call Schern Richardson Finter Decker today!
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