Tort Claims and Dispute Resolution Mookie

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.
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