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Anita was in Kay's departmental store browsing the jewellery section. She was looking at the pieces and also put hands in her bag at
Anita was in Kay's departmental store browsing the jewellery section. She was looking at the pieces and also put hands in her bag at the same time. The customer service at the counter realized that something is being stolen and an argument started with customer service. Jennifer (from security) told Anita that she needs to be searched for the items stolen from the store; Anita resisted to it and denied stealing anything. Jennifer took Anita's hands and tried to handcuff her for search. Anita pushed Jennifer with her elbows and tried to go out of the doors. Jennifer from Security reacted quickly and violently putting Anita into headlock. Anita's face was bruised; she was handcuffed, detained in the security office and subjected to abusive language. Anita asked to call her husband, asked to call the police; all of her requests were refused. Upon searching, nothing was found in her bag. 1.Define the terms Plaintiff and defendant. Who is Plaintiff and defendant in this case? 2.Identify what causes of action (TORTS) are available to Anita to address the wrongs done to her. Explain in detail the torts that apply to this case and also explain specifically how those torts are applicable in this case. 3. Was there any negligence on part of the store? Explain it in detail using all elements of negligence 4. What defences were used by the plaintiff to protect herself? Explain in detail the defences used. 5. Who is vicariously liable for all the torts? Explain in detail. 6.. What are likely outcomes of the plaintiff suing defendant? (Possible remedies available). Explain all the remedies in detail.
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