Overview of Commercial Litigation

Commercial litigation often stems from ambiguous terms in contracts as well as voluntary or involuntary breaches of contract. Commercial litigation can concern dispute in contract law, improper tender of goods and/or services, shareholder disputes, non-payment of goods and/or services, and/or deceptive and unfair trade practices. The Ticktin Law Group represents all size businesses in any of their commercial litigation needs.

Dispute in Contract Law

A contract is an agreement between two or more parties in which one party agrees to provide goods or provide service(s) in exchange for the payment of money or other goods or services. When either of the parties do not fulfill their end of the obligations, then a breach of contract occurs. A breach of contract is the cause of action that leads the parties into litigation.

Improper Tender of Goods/Services

If a party to a contract improperly tenders goods and/or services with respect to the terms of the executed contract, then a breach of contract may also result. Unless the breaching party agrees to remedy the issue on their own, a litigation typically results.

Non-Payment of Goods/Services

If a party to a contract does not pay for the goods and/or services that are received, then there may be a breach of contract. In some cases, a defense may exist if the goods/services were not tendered properly, however, if there are no such issues, then such breach may result in litigation.

Deceptive and Unfair Trade Practices

Commercial disputes often include claims under the Florida Deceptive and Unfair Trade Practices Act (“the “Act”). The Florida Deceptive and Unfair Trade Practices act stated that the following is unlawful “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Further, the act does not require proof of actual reliance to substantiate the claim, unlike common law fraud.

Contact the attorneys of the Ticktin Law Group to assist you with your commercial litigation matter. We offer complimentary consultations.

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