Patricia Holguin went to Sallys Beauty Supply Store carrying her eco-friendly canvas shopping tote, a large bag
Question:
Patricia Holguin went to Sally’s Beauty Supply Store carrying her “eco-friendly canvas shopping tote,” a large bag that is conspicuous when used. Upon entering the store, there were no posted signs stating that shopping totes were not allowed. She picked up a can of mousse that was not exactly what she wanted and started to carry it in her tote toward the front counter to ask the cashier a question about it. As she walked toward the front of the store, the assistant manager approached her and asked what was in the bag. She was detained by this manager, who told her that once she put the hair mousse in her tote bag, she was shoplifting. Holguin’s lawsuit for false imprisonment against the store was dismissed with prejudice by the trial court. This court held that once she placed the merchandise in her bag, the store had probable cause to believe she was shoplifting and had a statutory conditional privilege to detain her, free from civil liability for false imprisonment, because she “willfully concealed merchandise.” Holguin appealed. What should the court hold? Discuss the shopkeeper’s privilege in this situation. [Holguin v Sally’s Beauty Supply, Inc., 264 P.3d 732 (N. Mex. App. 2011)]
Step by Step Answer:
Business Its Legal Ethical and Global Environment
ISBN: 978-1337103572
11th edition
Authors: Marianne M. Jennings