When major disputes occur, you need the assistance of a commercial litigation attorney. Attorneys are the front-line defense in cases where businesses are unable or unwilling to resolve ongoing issues. These issues may include failures to pay for services, improperly manufactured products, delayed services, and other contract disagreements typically found between two or more parties. A qualified business litigation law firm, such as Schlacter Law, has the know-how and experience to help make sure you are protected.
Business litigation attorneys can assist clients in all manner of issues, including:
Breach of contract Employment disputes General contract disputes Company dissolution Ownership conflicts Merger and acquisitions Insurance issues Partnerships Indemnifications Joint ventures Court cases Shareholder disputes FraudThe facts surrounding any dispute are essential in helping a commercial litigation attorney assess a potential resolution. Typically, written agreements dictate the course of action required under the agreement. However, not all eventualities can be anticipated at the time an agreement is crafted. As a result, both parties may feel their positions deserve superior merit.
Wading through a business dispute requires the utmost diligence and attention to detail. An attorney must assess and weigh the importance of each aspect of the agreement, and determine which legal doctrine might apply. When dealing with a dispute, a Fort Lauderdale commercial litigation attorney can help assist you when dealing with another business.
Unfair Trade Practices and Business Litigation
Both individuals and commercial businesses are protected from unfair trade practices through the Florida Deceptive and Unfair Trade Practices Act, under Florida Statutes, §501.201-501.213 [1]. This act is designed to protect businesses and individuals from illegal and dishonest business practices and unfair competition. Unlike the Federal Trade Commission Act for which it is modeled, the Florida Deceptive and Unfair Trade Practices Act allows a business or individual to file suit for compensation for misleading goods and services.
What constitutes a violation under the act is not named specifically, leaving the law open to interpretation. This is where an attorney can help. Understanding the complexities of a business dispute and knowing how to apply the Florida Deceptive and Unfair Trade Practices Act to the facts at hand requires the knowledge of an experienced commercial litigation lawyer. If a business dispute necessitates assistance, the commercial litigation attorneys at Schlacter Law can help. With years of practice under our belt, our attorneys have the know-how to help your business succeed in a commercial litigation dispute.
Designed to implement the comprehensive set of laws that govern commercial transactions under a uniformly adopted state law, the Florida Commercial Relations Uniform Commercial Code, §672, is Florida’s version of the UCC. This code can assist with business-to-business disputes and governs under all contracts for the sale of goods.
Florida Statutes, §672.201 [1], requires that there is “some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought” in cases where the sale of goods was for $500 or more. However, failure to have something in writing does not automatically make a contract unenforceable. Florida Statutes, §672.201(2)-672.201(c) further outline additional circumstances where a contract may still be enforceable.
Due to the complexities of Florida’s Uniform Commercial Code, the help of a qualified commercial litigation attorney in Fort Lauderdale may be needed for complex business litigation issues. In cases where the code may be ambiguous or unclear, a business attorney can help assess the circumstances in your dispute, and help to ensure that any dispute is resolved in the best light for their clients.
References
https://www.flsenate.gov/Laws/Statutes/2012/Chapter501/Part_II ↩
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