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Week 5 Assignment – Tort Claims and Dispute Resolution

Introduction

In this assignment, you will need to decide whether there are any legal claims arising from a series of events. Choose one (1) of the options below. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Scenarios

1. Paula Plaintiff owns Paula’s Boutique, one of the most popular stores in town. William Wicked owns the store next to Paula’s Boutique. William has been jealous of Paula’s success. William, in an effort to increase his own business, begins to tell his customers that Paula is dishonest and unethical. William even puts a sign in his front window warning potential customers not to shop at Paula’s Boutique because of her deceitful and unethical practices.

Paula is upset when she finds out what William has been doing. Paula has always been honest and ethical with her customers and now her business is suffering because of William’s dishonesty. Paula decides that something must be done about this situation.

What advice would you give Paula?

• Discuss the possible tort claim Paula might have against William. Be sure to include the elements of the tort and relate those elements to the scenario.
• If Paula decides to pursue a claim against William, should she consider a lawsuit, mediation, or arbitration? Be sure to explain why your choice is the best option.

2. Parker Plaintiff is in a hurry and stops by a convenience store for a drink. The store is out of her favorite brand of soda, so Parker decides to go elsewhere. Before Parker can leave, she is stopped by a store employee that accuses her of shoplifting. The employee escorts Parker to a small room in the back of the store and tells Parker that if she attempts to leave the room, she will be arrested and sent to jail. Parker waits for over an hour before the manager tells her that she is free to go.

What advice would you give Parker? 

• Discuss the possible tort claim Parker might have against the store. Be sure to include the elements of the tort and relate those elements to the scenario. 
• If Parker decides to pursue a claim against the store, should she consider a lawsuit, mediation, or arbitration? Be sure to explain why your choice is the best option. 

3. Barry Bossly makes it a point every day to embarrass Abby Normal during their morning huddle at work. He says extreme comments about Abby. Abby is embarrassed so badly that she has developed post-traumatic stress disorder (PTSD) as a result.

What advice would you give Abby?

• Discuss the possible tort claim Abby might have against Barry. Be sure to include the elements of the tort and relate those elements to the scenario. 
• If Abby decides to pursue a claim against the Barry, should she consider a lawsuit, mediation, or arbitration? Be sure to explain why your choice is the best option.