Asked in Consumer Law and Products Liability for Georgia

Q: Hello. I'm playing a mock game where I am attempting to sue a state-owned department in Georgia. Are my claims good?

Small context: plaintiffs own business called three guys. The Business Department (state-owned in Georgia) took away this business for inactivity on behalf of the owners (yes this is a policy in this game). However, this was despite the APPROVED request of the plaintiff to have the business placed on maintenance, which waives the inactivity policy. The business department took away the business anyway, interfering with an ongoing sale of it.

I'm attempting to sue for "Breach of contract" (maintenance) and "Negligent Interference with Contractual Relations" (failure to realise the business was on maintenance and taking it away. plaintiffs also requested it be put back into place but these requests were not acknowledged).

2nd legal basis:

Duty: must adequately conduct a verification to determine if a business should be taken away.

Breach of duty: dept. failed to acknowledge the maintenance status and requests by plaintiff

damages: sale was not completed

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: A Georgia attorney could advise best, but your question remains open for a week. This sounds like a moot court-type exercise. In addition to the points you raise, you probably want to also approach things procedurally by statute - did the state entity follow necessary steps under state laws. Attorneys in the Business Law, Business Formation categories (if you wanted to repost and add categories) would know more about the issues you raise than Product Liability attorneys (who deal more with injuries from dangerous products). Good luck

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