BUSINESS TORTS

(Ronald Arvin C. Cusi)

Business torts is defined as a wrongful action performed against a

business that causes harm to another business. The usual damage done by
an offender are loss of profit, loss of reputation, loss of competitive
advantage, loss of market share and/or other type of losses.

Civil action in proper Court is the remedy that could be sought by the
offended party in cases of business torts. In such cases, it is the plaintiff that
must prove that it was the defendant’s action which caused the measurable
loss.

There are several types of business torts; namely, tortuous interference

or a deliberate and unlawful meddling with contractual deadlines of
business. Second, restraint of trade requires that businesses and individuals
do not take action or enter into agreement which caused another business to
cease. Third, theft of trade secrets or the unlawful accessing of proprietary
business information for the purpose of acquiring an improper competitive
advantage over a business. Fourth, fraudulent misrepresentation or the
deliberate or reckless statement of a falsehood designed to induce a partyu to
enter into a contract. Fifth is trade libel, or the publication of intentionally
false information about the services or product of a business that caused a
loss of revenue, profitability. Lastly, commercial disparagement or the
intentional defamation of a business reputation or property with goal of
causing harm to business.

Business torts is governed by the catch all provision of the civil code
enshrined in Article 19 which states: all persons must in the exercise of his
right and performance of his obligation act with justice and give everyone
his due and observe honesty and good faith.

The primary intention of the law on business torts is to protect those

who are in the market conditions from the abuse of some mischievous
manufacturers or service providers. In business torts, not only are the
competing business are protected but the individual consumers as well.

The reporter should be given additional point for his effort. It could
be noticed that he wrote by hand the entire report and he wrote it clearly
which is easy to be understood,