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
- 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.
- 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.
- 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 Barry, should she consider a lawsuit, mediation, or arbitration? Be sure to explain why your choice is the best option.
Instructions
Consider the torts that we discussed in class: defamation, false imprisonment, battery, assault, fraud, and intentional infliction of emotional distress.
In a 1–2-page paper, answer the questions relating to the scenario that you chose. Be sure to cite one quality source and include a reference page.
Solution
Week 5 Assignment – Tort Claims and Dispute Resolution
Scenarios
The advice which I would like to give Paula is that she should have an awareness of her surroundings and how cunning William is. She should file a case of defamation of tort, taking a wrong action against others, so that Paula’s boutique gets less business as compared to that of William. As in the begging of the case scenario, it could be realized that Paula has to be aware enough to learn the dishonesty done by William, against Paula’s honest and ethical behavior towards her customer. Therefore, as she was not aware of the present situation, she is suffering in her business. Thus, as per my advice, I would like to say that Paula shall file a writ of certiorari against Williams’ dishonest behavior and wrong action of words taken up by him. Therefore, plaintiff Paula will be helped and this writ of certiorari shall be a protest against her present situation with her business done by William.
1. The possible tort which can be claimed by Paula against Williams can be the defamation tort. Therefore, a further explanation is based on defamation tort, with slander and libel with two types of defamation that mainly includes harming someone while using another’s name. Therefore, slander is recognized to be defamation which is often spoken, while libel is considered to be formed in the written form. Therefore, defamation sometimes does not even affect or prevent the expressing beliefs, which often falls under the same umbrella of the First Amendment based on the learning about the written rights to be Free of expression, and Article 10 under the Universal Declaration of Human Rights. This is because, being a successful person, and the plaintiff of the case, Paula shall launch a case of defamation against Williams because he is jealous of Paula’s success in the boutique business. While he has no right to mention anyone, in order to increase one’s own business to state something wrong about the other person (Lidsky 2020). Apart from this, here in the scenario above William is increasingly spreading rumours in order to disclose that Paula is dishonest and does an unethical thing in her business. Apart from this, William followed another deceitful procedure to tort the business of Paula by putting a sign on his window front, which is like a potential warning for all the customers so that they can understand how deceitful and unethical practices are done by Paula, and William is good. Therefore, generally the United States, under Article 10, of the Universal Declaration of Human Rights stands for the plaintiffs, as there is no proof that Paula does something which is unethical and deceitful for her customers. Thus, I can rightly focus that in order to reach the top, William is taking up a lander, and where the United States court shall bring the argument that none has the right to misuse the action of one’s publicity. Apart from this, using intrusion along with publication on the wrong note, which is done by William can be considered as defamation. Thus, Paula shall file a case against proving to be honest, with hostile litigation and an unfair trial based on a frequent note to classify a case under a high-ranking tort official.
2. Thus, Paula is required to be considered under the arbitration. Apart from this, the mediation shall be considered less lengthy as well as an expensive process which is compared with the lawsuit. Therefore, Paula shall select the arbitration in order to give a brief description of the note on somewhat to be more different and efficient as compared to that of mediation. Apart from this, in the case of the authority files that require to be involved in the filed case after the plaintiff Paula, and the defendant of the case is William (Bong-rim 2019). Therefore, both parties shall find it easy enough to power its making and learn about the rule and guidance one has to follow before naming one person, to be unethical, in order to fulfill one’s own business. Thus, both Paula and William have to adhere to the rules and the guidelines formed in the United States court and the government. Moreover, if William still creates persistence, then this can be advisable on behalf of Paula to take up a bigger step that involves the law, for the method which is taken by William is deceitful and unethical on its own.
References
Bong-rim, L. (2019). A Study on the Requirements for Establishing Tort of Defamation for the PROTECTION of Personal Rights-Compared Mainly to Japanese Law. Protection Convergence, 4(2), 66-70.
Lidsky, L. (2020). Post, Robert C., The Social Foundations of Defamation Law: Reputation and the Constitution, 74 Calif. L. Rev. 691 (1986). Communication Law and Policy, 25(4), 491-496.
