Business
Torts
When competitors, partners, or others harm your business through wrongful conduct, tort claims can provide relief beyond what contract law offers.
💼 Key Takeaways
- Punitive damages are available for business torts—unlike contract claims
- Oklahoma's Trade Secrets Act (78 O.S. § 86) protects confidential business information
- Fraud requires proof by clear and convincing evidence—a higher standard
- Tortious interference lets you sue third parties who cause contract breaches
- Breach of fiduciary duty claims can pierce corporate protections
- Tort claims can reach wrongdoers you have no contract with
Common Business Torts
Fraud and Misrepresentation
- False statements inducing business transactions
- Concealment of material facts
- Negligent misrepresentation
- Fraudulent inducement of contracts
Interference Claims
- Tortious interference with contract – Causing third parties to breach agreements with you
- Interference with prospective business relations – Disrupting potential deals through improper means
Unfair Business Practices
- Trade secret misappropriation
- Unfair competition
- Breach of fiduciary duty
- Conversion of business assets
Defamation
- Business defamation
- Trade libel (disparagement of goods/services)
- False advertising
Why Tort Claims Matter in Business
Punitive Damages
Unlike contract claims, torts can allow recovery of punitive damages—substantial awards designed to punish egregious conduct. This makes tort claims powerful tools against intentional wrongdoing.
Broader Recovery
Tort damages aren't limited by contract terms. You may recover losses that a contract claim wouldn't cover.
Against Non-Parties
Tort claims can reach third parties who interfered with your contracts or business—people you have no contractual relationship with.
Elements We Must Prove
Business tort claims have specific elements that must be established:
- Duty – The defendant owed you a duty or committed a wrongful act
- Breach – They violated that duty through specific conduct
- Causation – Their conduct caused your harm
- Damages – You suffered quantifiable losses
Common Business Tort Mistakes
Avoid these errors that can hurt your case:
- Weak documentation: You'll need evidence of the wrongful conduct and damages
- Not preserving evidence: Electronic communications are often key—preserve them
- Waiting too long: Tort statutes of limitations can be short
- Assuming contract claims are enough: Tort claims may be more powerful
- Poor trade secret protection: If you don't treat it as secret, courts won't either
Frequently Asked Questions
Common questions about business torts
What is tortious interference with contract? +
When a third party intentionally causes someone to breach their contract with you. Requires proving the contract existed, they knew about it, and caused the breach.
Can I sue for business fraud? +
Yes, but you must prove false representation, intent to deceive, reasonable reliance, and damages—all by clear and convincing evidence.
What damages are available? +
Compensatory damages plus potentially punitive damages for intentional or reckless conduct—making tort claims more powerful than contract claims.
How are trade secrets protected in Oklahoma? +
Oklahoma's Uniform Trade Secrets Act (78 O.S. § 86) protects confidential information with injunctions, damages, and attorney's fees for willful misappropriation.
What is breach of fiduciary duty? +
When someone in a position of trust (partner, officer, agent) violates their duty of loyalty or care. Can result in compensatory and punitive damages.
How do I prove fraud? +
Clear and convincing evidence of: false statement of material fact, knowledge it was false, intent to deceive, reliance, and damages.
What's the difference between defamation and trade libel? +
Defamation attacks your reputation; trade libel attacks your goods or services. Both require proving falsity and damages.
Can I sue a competitor for unfair practices? +
Depends on what they did. Competition is legal; tortious interference, fraud, trade secret theft, and false advertising are not.
Protect Your Business Interests
Schedule a consultation to discuss your business tort claim.