A lot of clients tell me that they believe they will win because “Justice will Prevail” or “Justice is on my side,” or something to that effect.
Unfortunately, I have to tell them that Justice does not matter.
In Business Litigation or litigation in general, Justice does not play a role. This is not a criminal court, this is a civil court.
In Civil Court the only thing that matters is that you meet all the elements of the case you are pursuing.
For example, in criminal law, if someone punches you, they get charged with assault and battery. In Civil Law, if someone punches you, you only win a lawsuit if you were punched AND it cost you
The question of how the Defendant’s action affected you is called damages and almost every case requires that you prove damages.
Most of the time damages refers to money. So, you must prove that the defendant cost you money.
Again, it does not matter if the other party did something wrong if you do not have damages. For example, if you rent your house for $1,000 per month and your tenant breaks the lease and leaves
with time left on the lease, but you re-lease your house for $2,000 per month, then you have not suffered any monetary damages.
Thus, you would not have a case in civil law despite the fact that your tenant broke the Lease, because you actually made money due to their actions and was not damaged.
As you can see Justice does not have a place in civil law. The only thing that matters is if you can meet all the elements in your case.
If you can, you have a good case, if you can’t you will lose.
Thank you for reading, my business is to protect your business!
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