The legal world has a diversified branch of laws that fall under different categories of action. These laws are cared for by trained lawyers so that the laws can be enforced and the violators can be punished. Among these different types of litigation and legal disputes, civil litigation and commercial litigation are common.
This article deals with the differences and similarities between civil litigation and commercial litigation. These are very different from each other concerning different sectors.
Table of Contents
- What is civil litigation?
- What is commercial litigation?
What is civil litigation?
Civil litigation is a legal dispute or lawsuit between two civilians or people who were engaged in some kind of deal. Civil litigation only involves a dispute with concerns of money or unpaid transactions and person-to-person disputes. No criminal offense or accusations on any person can be termed as civil litigation.
Some common examples of civil litigation are:
1. Personal injury cases
Cases regarding a personal injury to any person by means of accidents, mental anguish, or negligence fall under this category of litigation. Medical malpractices also fall under personal injury cases.
2. Intellectual property cases
Intellectual property refers to a personal creation of a person that is not to be copied by anyone for reasons of sales or publicity without the credits of the owner. Intellectual property can be any creation of art or science that is accredited to someone. Copying or violating copyright laws can bring civil litigation.
3. Property disputes
Family disputes or disputes among neighbors regarding property fall under civil litigations. If a lawsuit is filed by a tenant or a landlord regarding issues of rent or other concerning civil matters, the case is filed under civil cases.
4. Lawsuits surrounding divorce
Divorces and separation cases, and other cases involving family issues are all held under civil litigations. These cases are handled by specially trained civil litigation lawyers.
5. Educational disputes
There come instances when a student and their parents are faced with difficulty with the educational body and demand legal justice. These cases normally involve unequal treatment of students or unreasonable demand of finance from the parents.
What is commercial litigation?
Commercial litigation involves a legal dispute between two companies or businesses. These disputes can be regarding partnership conflicts, employment issues, transactional delay, etc. these must be handled by the arbitration courts where commercial litigation solicitors execute their plan. Commercial litigation only concerns the corporate world with the involvement of commercial and economic subjects.
There are various types of disputes that come under commercial litigation. Some of the common disputes under commercial litigations are:
1. Breach of contracts
Companies deal with various contracts and signed documents with terms and conditions. The breach of these terms and conditions can lead to a lawsuit that falls under commercial litigation. When companies fail to process the said transactions or abide by the terms of a signed contract, a commercial lawsuit is filed.
Companies have partners and a number of shareholders who are liable to financial returns and some other rights within the company. When these rights are denied or neglected, a commercial lawsuit can be filed.
3. Product liability cases
When a consumer puts a charge on the manufacturer or seller by claiming that the product sold by them is defective, unhealthy, or unsafe, the company can land itself within commercial litigation.
4. Fraud cases
When a company or business is faced with a scammer or fraud that led to a loss of services and finance, a commercial lawsuit can be filed. This can also be the reverse if the company itself is being charged with fraud by another company.
5. Employment disputes
Any dispute between the employer and employee falls under commercial dispute and is handled by commercial litigators. Usually, these cases involve the denial of rights of an employee or a breach of terms by the employee.
Both civil litigation and commercial litigations are different forms of lawsuits concerning different laws. These are enforced by lawyers trained and experienced in the niche. These cases can become severe sometimes, but with proper planning and execution, these cases can be solved with few court hearings and compromises.