Carll Law routinely assists entrepreneurs and business owners with litigation, from simple to complex business disputes. Carll Law represents clients in a wide variety of commercial disputes, including:

• Breach of contract
• Business torts
• Fraud
• Unfair competition
• Negligent misrepresentation
• Trade secret disputes
• Representations and warranties
• Unfair trade practices
• Defamation
• Conversion
• Tortious Interference with a business or contractual relationship

Breach of contract and business tort disputes generally have different laws applied and further provide for different remedies. It is important for a business owner to understand these differences and their potential implication. For example, many contracts contain attorneys’ fees provisions that allow for the recovery of fees by the prevailing party in a dispute, whereas most torts do not allow for the recovery of any attorneys’ fees.

Allowable monetary damages in a breach of contract dispute could include compensatory damages, liquidated damages, fees and costs. Generally speaking, torts do not allow for the recovery of any damages not designed to make the plaintiff “whole” again. Non-monetary damages could include specific performance or recision. These damages are often more difficult to recover without a contract.