Case Scenario:
Write a 1,050 to 1,400 word report in which your team explains the rationale for deciding to try the case or settle out of court.
Address the following issues in your report:
- Identify the types of torts in the scenario and the differences among them.
- Identify the potential tort risks in the scenario.
- Perform the risk management process for the scenario and identify ways to mitigate the business risk.
- Determine whether you should involve legal counsel for the tort issues. Explain your answer.
Tort Debate Scenario
Julie and Mary decide to open a jewelry store called J&M Jewelry. They open their store in the Sunny Market Place. Tom and Fred already own a jewelry store, Deluxe Jewelry, which is also in the Sunny Market Place.
Tom and Fred do not want competition and decide to take action. They break into J&M Jewelry, destroy some jewelry cases, and take some jewelry. Then, Tom and Fred find a customer list and take it for their own store.
A J&M Jewelry employee returns to the store late in the evening and finds Tom and Fred leaving with stolen goods and the customer list. Julie and Mary are contacted and return to J&M Jewelry to see the damage. They confront Tom and Fred. Tom and Fred admit to everything, but claim that the management company of the Sunny Market Place complex should not have allowed J&M Jewelry into the complex.
Julie states that this is no excuse for the destruction and slaps Tom. Tom pushes Julie back, causing her to fall and break her arm. Fred, realizing that there are problems, calls the police. Tom, afraid of the police, decides to leave in his car, taking Julie with him. Mary, incensed at the situation, calls the press and advises them to avoid Deluxe Jewelry because the owners are not honest. Julie, Mary, and J&M Jewelry file a lawsuit against Tom, Fred, and Deluxe Jewelry.