Debra Fairweather, a fashionable college student, went shopping for bargains on Boxing Day with her mother. As
Question:
Debra Fairweather, a fashionable college student, went shopping for bargains on Boxing Day with her mother. As Debra walked through the front doors of Stylz Ladies Boutique, an alarm was set off. Deb turned around to find two older women, whom she assumed were security guards, looking at her suspiciously. Deb continued shopping with her mother, but neither found anything to buy. As they were leaving the store, the alarm again sounded as Deb went through the front doors. After she and her mother reached the sidewalk, the two older ladies-who were indeed acting as security guards for the store- approached Deb. One of the ladies touched Deb lightly on the shoulder and the other asked Deb to return to the store. Deb believed that she had no choice. As she walked back into Stylz, the alarm once again went off. One of the ladies then instructed Deb to pass through the security door without her jacket. The alarm did not sound. On inspection, one of the security guards located a Stylz security tag, which triggers the door alarm, inside one the jacket's sleeves. The store manager then confiscated the tag, wrote down Deb's name and address, and told Deb that she could take her jacket and leave. The entire episode was witnessed by at least two dozen people, who were also shopping in Stylz. Deb was terribly embarrassed at the time, but she is now angry. After she returned home, she remembered that she had purchased the jacket, a month earlier, at another branch of Stylz. That explains the presence of the security tag. Deb wants to sue. Which tort should she use? Whom should she sue? What are her chances of success? If she wins her case, what remedies might the court award?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer