Question 1

What is an Unfair Trade Practice?

Accepted Answer

An unfair trade practice involves dishonest or unethical actions that harm consumers or competition, such as price manipulation, misleading advertising, or violations of public policy.

Question 2

Which Unfair Trade Practices Involve an Agent?

Accepted Answer

Unfair trade practices involving agents include issues such as a debt collector engaging in abusive collection practices, or an insurance agent misleading a potential client by misrepresenting the terms of a policy while acting on behalf of a company.

Question 3

How Do I Prevent Unfair Trade Practices?

Accepted Answer

Businesses can avoid allegations of unfair trade practices by adhering to consumer protection laws, maintaining ethical standards, and consulting experienced attorneys to ensure compliance with fair trade standards.

Question 4

What is the Unfair and Deceptive Practices Act in Florida?

Accepted Answer

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a law designed to prevent unfair or deceptive business activities and offers legal remedies for affected consumers that the Federal Trade Commission Act may not cover.

Question 5

What Does the Florida Deceptive and Unfair Trade Practices Act Prohibit?

Accepted Answer

FDUTPA prohibits business practices that are misleading, unethical, or harmful to consumers, such as price gouging, false advertising, and other deceptive actions.

Question 6

What are the Elements of an FDUTPA Claim in Florida?

Accepted Answer

To bring an FDUTPA claim, a consumer must show that the business’s actions were misleading or unfair, caused harm, and were likely to mislead a reasonable person under similar circumstances.

Question 7

How long do litigations take?

Accepted Answer

Depending on a case’s complexity, business litigations usually take anywhere from six months to several years. If the case contains multiple pieces of evidence, a long discovery phase, and an extensive list of issues, it can take even longer.

Question 8

What is the first step of a business lawsuit?

Accepted Answer

The first step of a business lawsuit is pre-filing, a phase that commences before officially filing a dispute. In this stage, the filing company must gather evidence, conduct extensive research, and file a claim against the company toward which they seek legal action.

Question 9

What are the potential outcomes of a business litigation case?

Accepted Answer

There are many different outcomes of a business litigation case. The most common outcomes offer:

 	Monetary Damages Judgment: a calculated amount of compensation to be awarded to the company that wins the case based on the damages they have suffered from the actions of the other company.
 	Contract Enforcement Judgment: enforcing the original, signed contract, outlining the responsibilities required of both companies, typically involving stricter consequences if not followed. 

Settlement: both companies reach a confidential agreement regarding their differences. This is a best-case scenario, as neither party needs to deal with legal intervention and can settle the dispute on their own.

Question 10

What are the common causes of business litigation?

Accepted Answer

Business litigation is typically caused by: 

 	Breaches of Contract: one business does not fulfill its responsibilities outlined in the contract, so the other business seeks legal action.
 	Intellectual Property Disputes: one business has created a new product and legally obtained exclusive rights to it. Another company, however, has recreated it, used it, or sold it without permission, which breaks the law and makes them subject to legal action. 
 	Partnership Disputes: when two companies partner together in hopes of achieving greater commercial success, it is always possible they will clash. If they have both signed a contract regarding their responsibilities and profits, each company must follow through; otherwise, they are subject to legal action.

Breach of Fiduciary Duty: when one company holds fiduciary duty, its job is to act in the best interest of its client(s). If it does not, their client (typically another company) can take legal action.

Question 11

How much does it cost to litigate a case?

Accepted Answer

It is typically fairly expensive to litigate a case, but it depends on the state, court filing fees, personnel fees, and the complexity of the case. Hiring an attorney and paying expert witnesses can be costly, and even court filing fees typically come out to a few hundred dollars. In Florida, for instance, a small claim might be $400, but a larger claim may cost a few thousand dollars.

Question 12

What is the difference between arbitration and litigation?

Accepted Answer

The main difference between arbitration and litigation is the presence of a judge. Arbitration, while still a formal process, is not as formal as litigation. It functions more as an intervention in which a neutral, third-party arbitrator acts as a judge and makes the decision for both companies based on their evidence and claims. Litigation, conversely, actually sets foot in the courtroom, in which both companies must present their case before a judge and jury.

Question 13

Are litigation settlements taxable?

Accepted Answer

According to Internal Revenue Code (IRC) Section 61, all earned income as a settlement or judgment is taxable, with the exception of monetary reward in damages for discrimination claims or for physical injury. In fact, settlements for physical injury are outlined in IRC Section 104 as non-taxable.

Question 14

What does corporate law cover?

Accepted Answer

Corporate law governs corporations, their formation, operations, mergers and acquisitions, and dissolution. It includes the rights, relations, and conduct of people and companies involved. A corporate law firm or lawyer may also provide ongoing corporate law services such as HR contracts, consulting, and compliance.

Question 15

What is the difference between corporate law and business law?

Accepted Answer

Corporate law is the law surrounding corporations, their formation, and operation. Business law is a much more general term encompassing a range of federal, state, and local laws, including laws pertaining to:

 	business operation
 	human resources
 	taxes
 	sales
 	distribution
 	manufacturing

Question 16

Which factors should you consider when choosing a corporate lawyer?

Accepted Answer

The foundational factors you should consider while choosing a corporate or business lawyer are experience, track record, and local knowledge. Also important is the attorney’s communication style: Is the attorney attentive and quick to respond, and most importantly, does the attorney instill confidence and trust?

Question 17

Is corporate law the same as business law?

Accepted Answer

The terms corporate law and business law are sometimes used interchangeably and many law firms handle both. But the two categories are quite different. Corporate law is the law pertaining to corporations, their formation, and operations, while business law is a much broader concept, covering human resources, taxes, sales, distribution, and advertising. On a practical basis, undergraduate business programs typically require students to take courses on business law for general knowledge, while corporate law is more specialized.

Question 18

What does a corporate law firm do?

Accepted Answer

Corporate law firms advise and represent businesses in a range of areas including formation, mergers and acquisitions, and dissolution. Essentially they write, edit, and review contracts and may be involved in negotiations and M&A planning. These businesses may be partnerships, publicly held corporations, private companies, or startups.

Question 19

What are business contract lawyers?

Accepted Answer

Business contract lawyers are professionals in the legal field whose role is to help draft, review, and interpret contractual agreements between two or more parties. They are particularly skilled at establishing grounds for business relationships, mediating, and negotiating.

Question 20

What does a contract lawyer do?

Accepted Answer

A contract lawyer will assist with:

 	drafting and reviewing contracts to ensure proper terminology, appropriate terms and conditions, and each party’s legally binding obligations.
 	negotiating contracts to gain favorable terms for their clients.
 	mediating the business relationship between two or more parties.
 	mitigating damages in the event of a contract breach, or enforcing the repercussions outlined in the contract for neglecting obligations.
 	helping clients understand new or existing laws and regulations as a means of protection.

Question 21

Can you sue for an unfair contract?

Accepted Answer

Yes, you can absolutely sue for an unfair contract. You would need to file a contract dispute because of terms and conditions that are either illegal or unconscionable. This means you can file a lawsuit against the entity that sought your agreement to unjust conditions or illegal activity.

Question 22

What are contract disputes?

Accepted Answer

Contract disputes occur when parties do not agree on the terms or obligations of a contract, either because they are unfair or are not being fulfilled according to the contract’s expectations or policies. These often come in the form of contract breaches, misinterpretation, lack of agreement or confidentiality, or failure to comply.

Question 23

What is an example of a contract dispute?

Accepted Answer

The most common example of a contract dispute is a breach of contract or violation of the contract’s terms and conditions. For instance, if a homeowner has legally hired a gardener to perform the obligations of upkeeping their garden and watering the plants, but the gardener only comes once a week and the plants die, the gardener is subject to a contract breach. They have violated the conditions of receiving financial compensation for not maintaining a strong and healthy garden, and they have neglected their responsibilities of performing the work since they only come over once a week.

Question 24

How are contract disputes resolved?

Accepted Answer

Contract disputes are resolved in multiple ways:

 	mediation: an unbiased, third-party representative helps to achieve resolution by prompting discussion of the issues at hand and helping the parties to arrive at a settlement.  
 	arbitration: similar to mediation, a neutral third party intervenes, but they make the call as to who is liable for the issues, not the individual parties. The arbitrator makes this decision based on concrete evidence. 
 	litigation: in the most formal method of resolution, the court of law settles the dispute based on concrete evidence, and they hold one or both parties liable. 

negotiation: this is the most informal method of resolution. The parties involved do not utilize a neutral third party to make decisions but rather come to a settlement themselves. They may, however, consult their contract lawyers.

Question 25

How do you prove a breach of contract?

Accepted Answer

Proving a breach of contract can be complex, as the following needs to be provided as evidence:

 	the presence of a contract, including an initial offer and outlining the terms, conditions, and responsibilities to which each party must adhere.  
 	the other party’s negligence in performing their responsibilities.
 	you upheld your end of the bargain.

the damages you suffered as a result of the other party’s negligence and failure to hold up their end of the bargain, whether financially, reputationally, or health-wise.

Question 26

How to deal with business fraud?

Accepted Answer

The primary way of dealing with business fraud is by taking preventative measures. This comes in the form of:

 	proper training to recognize fraud before it occurs;
 	keeping security tight by constantly changing passwords, keeping records, and monitoring transactions among business personnel and customers;

strong, trustworthy internal control that manages finances honestly and prioritizes fiduciary duty.

Question 27

What is the difference between fraudulent inducement and breach of contract?

Accepted Answer

The main difference between fraudulent inducement and breach of contract is how either agreement is violated. Fraudulent inducement occurs when one party is misled into signing a contract based on false information. 

Contract breaches, on the other hand, have less to do with what influences a party to sign and more to do with what the contract requires of the party that signs. They occur when one party acts against the contractual agreement, including its terms, conditions, policies, and codes of conduct.

Question 28

What do business litigation lawyers do?

Accepted Answer

Business litigation lawyers help to ensure that principles of business law are followed and executed, including but not limited to: 

 	accurate company contracts, 
 	fair profit distribution, 
 	corporate transactions, and
 	compliance with any other business regulations. 

Ultimately, business litigation lawyers will help with disputes and common legal issues that companies face.

Question 29

How to sue for fraud?

Accepted Answer

Suing for fraud is mostly ideal after consulting a business litigation attorney. They can help clients with gathering evidence, which is the most crucial step of the process. In fraud cases, this evidence must align with the following:

 	purposefully deceptive intentions and the defendant having full awareness of them;
 	the deceit opposes concrete fact or materiality;
 	reliance by the plaintiff on the misrepresentation due to the assumed trust between both parties; and 
 	a statute of limitations, specifically of four years to make a fraud claim in Florida.

Once this evidence is gathered, you are equipped to move forward in filing a lawsuit.

Question 30

What is the statute of limitations for fraud in the inducement in Florida?

Accepted Answer

While Florida’s general statute of limitations is four years from the date the fraud was discovered to make a claim, the state allows up to twelve years from the date if it is discovered late. This means individuals who have a legitimate fraud case have plenty of time to hire an attorney, gather evidence, and file a lawsuit.

Question 31

How can I claim fraud in Florida?

Accepted Answer

Generally, one resource you can go to is My Florida Legal, a website that can provide the necessary documentation to file a fraud claim. You should also research your local business litigation attorneys for further assistance on the matter.

Question 32

What do I have to prove in a fraud lawsuit?

Accepted Answer

Plaintiffs must prove:

 	a misrepresentation, being an inductive statement that is false and misleading;
 	knowledge by the violating party that the misrepresentation is indeed false;
 	purposeful inducement on the innocent party; and
 	reliance on the misrepresentation by the innocent party without knowledge of its falsity.

Question 33

Is misrepresentation a crime?

Accepted Answer

Yes, misrepresentation is considered business fraud as it violates corporate fraud law and goes against regulations. Any violator is subject to felony charges and additional penalties requiring the compensation of damages to the plaintiff (hefty fines).

Question 34

What are the consequences of business fraud?

Accepted Answer

As a felony charge, many prison sentences span the length of up to five years for committing business fraud. Other consequences include fines of up to $5,000 or an order of restitution to pay back any damages the plaintiff has suffered.

Category: Business Law

Category: Business Law