Commercial Litigation FAQ

What is commercial litigation?

What is alternative dispute resolution?

What is a breach of contract and what damages can I recover in the event of a breach of contract?

What should I do if I am involved in a commercial litigation dispute?

What is commercial litigation?

Commercial litigation is the area of law that deals with resolving disputes in business and commercial settings stemming from professional and commercial relationships. Resolution is usually done through alternative dispute resolution methods and court trials. Commercial litigation can cover a variety of civil and criminal law matters on both state and federal levels.

What is alternative dispute resolution?

Alternative dispute resolution is the method by which legal conflicts and disputes are resolved privately rather than through litigation. These disputes are usually resolved through either mediation or arbitration. It typically involves a process less formal than traditional court proceedings and includes the appointment of a third party to preside over a hearing between the parties.

What is a breach of contract and what damages can I recover in the event of a breach of contract?

Failure to perform as specified in a contract, or provisions of a contract, without legal excuse, is a breach of contract. The following damages can be recovered in the event of breach of contract:

  • Attorney fees and costs - only recoverable if expressly provided for in the contract.
  • Compensatory Damages - money to reimburse you for costs to compensate for your loss.
  • Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable.
  • Liquidated Damages - these are damages specified in the contract that would be payable if there is fraud.
  • Punitive Damages - this is money given to punish a person who acted in an offensive manner in an effort to deter the person and others from repeated occurrences of the wrongdoing.
  • Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.
  • Reformation - the terms of the contract are changed to reflect what the parties actually intended.
  • Specific Performance - a court order requiring performance exactly as specified in the contract.

What should I do if I am involved in a commercial litigation dispute?

One of the most important things you can do is to retain all paperwork regarding the dispute. Not only does a paper trail make your lawyer’s job easier, but judges and juries may find your case more believable when documents support your position. Contact an experienced commercial litigation lawyer at Hopper Law Firm.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.