Question
Ashley carried on a gift shop business in a neighbourhood with many boutique shops. Her shop was part of a mini mall that housed several
Ashley carried on a gift shop business in a neighbourhood with many boutique shops. Her shop was part of a mini mall that housed several shoe stores, a dress shop, and a competing gift shop business operated by Helga. Helga resented Ashley's presence in the mall, and did her utmost to persuade patrons to not patronize Ashley's shop. One winter day, after a verbal dispute with Ashley, Helga took her delivery van, and crashed it through the front window of Ashley's shop, destroying much of Ashley's inventory. Helga's excuse was that she lost control of the van on the icy parking lot, and could not prevent the "accident .Ashley claimed on her insurance for the damage to her shop and for business interruption while inventory was replaced and the shop repaired. Her insurer paid Ashley for the $ 35,000 claimed loss in full. Ashley then took legal action against Helga in tort for damaging her business and the destruction of her inventory. If Ashley succeeds in her claim against Helga, and recovers damages in the amount of $40,000 , discuss the rights and responsibilities of the parties.
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