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Understanding civil litigation in a commercial context

On Behalf of | Jul 24, 2023 | Commercial Law and Litigation

A civil case is quite different from a criminal case. Both may involve going to court and appearing before a judge or jury. However, with civil litigation, no one goes to jail. Instead, the party pursuing the action is requesting a specific action or financial compensation from the opposing party. When an action is referenced as commercial litigation, a business venture is involved or the parties entered into a commercial transaction or contract.

There are many instances that can give rise to litigation involving a business. They may include but are not limited to:

  • Bad faith
  • Breach of contract
  • Breach of fiduciary duty
  • Misrepresentation
  • Fraud

Litigating a case involving a commercial entity is often more complex than a traditional civil case since business issues are impacted. It can also be more expensive, depending on the nature of the claim, especially when experts are needed.  Commercial cases involving business entities usually require significantly more documents to be examined and considered.  There are options to litigation to be considered unless the commercial documents dictate the dispute resolution method.

As always, the strength of the commercial documents are a key to success.