Question
1-Jed is employed as a security guard at the local big-box hardware store. He was called by one of the sales clerks because a customer
1-Jed is employed as a security guard at the local big-box hardware store. He was called by one of the sales clerks because a customer was demanding a refund. When Jed approached he was told that the customer did not have a receipt and therefore store policy prevented a refund. The customer was agitated and upset, mainly because he left the receipt at home. Jed quickly determined the best way to defuse the situation was to ask the customer to leave. Jed thought the customer would have to go home in any event to get the missing receipt and during that time would probably calm down.
Jed asked the customer to walk to the exit door. On the way to the exit, the customer stopped and said he thought he forgot his gloves and turned to go back. Jed immediately threw the customer down to the ground, administered a headlock and then threw the customer out the exit door, thereby causing the customer extensive bruising as he landed on the ground roughly.
Based on these facts which one of the following isfalse?
a.Once Jed asked the customer to leave the store, the customer becomes a trespasser.
b.The customer had implied permission to enter the store at the time of this incident.
c.The store is private property and customers have implied permission to enter during normal business hours.
d.Jed has a right on behalf of the store owner to ask trespassers to leave.
2-Edmund joined a protest demonstrating against clear-cut logging. He and his fellow protesters would wave placards near the road leading to the logging plant. Which one of the following isfalse? Choose the best answer.
a.The owners of the logging plant need not commence an action in nuisance, but any member of the public affected by Edmund's actions may do so.
b.If the road is used only by the logging plant, the general public may not be affected and therefore a public nuisance action is not possible.
c.Demonstrations and protests constitute a nuisance, because they do not occur daily and are therefore unusual.
d.The protest must create an obstruction to the road to be actionable.
e.Edmund and his fellow protesters must be able to foresee the nuisance created by their actions.
e.Jed must use reasonable force in ejecting trespassers.
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