A recent decision by the North Carolina Business Court underscores the challenges faced by a party who tries to convert a breach of contract into a violation of N.C. Gen. Stat. § 75-1.1. A breach of contract alone, even if intentional, does not violate section 75-1.1. The plaintiff must show […]
If you buy a product through a website, and then the product doesn’t live up to its promises, can you sue the manufacturer for violating N.C. Gen. Stat. § 75-1.1? A recent decision by the federal court in Boston highlights at least three important points that affect the answer. A Laptop […]
Most of the time, a contract breach—even if intentional—does not violate N.C. Gen. Stat. § 75-1.1. A contract breach, however, can turn into a 75-1.1 violation if the breach is accompanied by “substantial aggravating circumstances.” We have looked before at the roots of the “substantial aggravating circumstances” doctrine. These origins show […]
Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two unsettled issues under N.C. Gen. Stat. § 75-1.1: Is tortious interference a per se (that is, automatic) violation of section […]