Business disputes happen frequently. Some are relatively insignificant, perhaps concerning only a few thousand dollars or being of a non-economic nature, and others are of a “bet the farm” nature, meaning that everything is at stake or at risk. The impact on a business varies proportionately. Some business disputes are barely felt, like what a driver of a truck might feel when running over a banana, and others are so serious that they pose a threat to the company’s continued viability.
Business litigation is perhaps the ultimate step in resolving a serious legal dispute. Sometimes companies must engage in the formal process of litigation to preserve or defend their rights, but litigation is often a course of action best avoided if possible. In addition to potentially large legal bills, businesses (especially small businesses) may suffer from a loss of productivity when dealing with claims and lawsuits. Small businesses often do not have dedicated staff available to manage the litigation process.
Business disputes can be of an internal or external nature. In other words, there may be disagreement within an enterprise itself that causes the conflict, such as a consequential disagreement among LLC members or partners, or there may be outside factors or occurrences that disrupt the business’ steady state. These external disputes can be between one business and another, called “business to business disputes”, or between a consumer and a business; either way, they are between a business and a third party.
What are examples of types of business disputes or legal claims made in association with them? Below we provide a short list. More complex cases often involve multiple different claims and multiple different issues whereas more simple cases might only involve a single claim and a single issue. In addition, one or more policies of insurance may be highly germane.
- Breach of contract
- Breach of implied contract
- Promissory estoppel
- Breach of fiduciary duty
- Professional negligence
- Tortious interference with contract
- Fraudulent misrepresentation
- Negligent misrepresentation
- Unfair competition
- Civil conspiracy
As it relates to the first type of dispute or claim listed above, breach of contract, we have written and published several blog articles that contain relevant content. The links to these blog articles are provided below. (As a reminder, the materials and links on our website are for informational purposes only; please see our Disclaimer & Privacy page for further details.)
- Interpreting Written Contracts In Kansas
- Breaches of Contract in Kansas
- Damages from Contract Breaches in Kansas
- Fundamental Contract Principles (Kansas)
- Implied Contract Terms In Kansas
This law firm has handled many different types of business disputes for companies in the states of Kansas and Missouri. Our experience includes working with or against other attorneys outside of the courts, cooperating with mediators in connection with mediations, bringing or defending claims in courts of law (also known as business litigation), and preparing and reviewing settlement agreements.
When hiring an attorney to handle a business dispute, it is often important that the attorney have a strong understanding of business and grasp the economic and potentially even personal implications of the dispute. The attorney should understand the non-legal issues at play (in addition to the legal ones, of course) to be an effective advocate or advisor. It is helpful if the attorney is familiar with the applicable industry or industries. Our attorney, Matthew T. Kincaid, has a keen grasp of the way businesses operate and profit, human psychology and negotiation, as well as the legal aspects of business.
If you would like to make an appointment with Kincaid Law KC, LLC regarding a business law matter, specifically concerning a business dispute or a breach of contract case, please feel free to conveniently schedule with us here. You may also wish to read more about associated areas of business law, forming LLCs and drafting or reviewing business contracts, on our website.