Mario and Luigi were two friends that liked to go shopping for clothes together. One day, they decided to go to Robson Street in Vancouver to shop.

Mario and Luigi went into an expensive clothing shop called Bowser Fashions. They each tried on several items of clothing.Because the clothing at the shop was so expensive, they both decided to buy nothing, and left their clothing in the fitting rooms, except that Luigi really liked one of the shirts, and decided to steal it by wearing it under Luigi's jacket and walking out of the store. Mario did not know that Luigi was trying to steal clothing.

Kong, Bowser's store security guard, thought Mario and Luigi had stolen some clothing that they were wearing under their other clothes. After they exited from the store, Kong said to both, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" Both Mario and Luigi felt a strong obligation to obey the security guard - as though they were not free to leave.

Kong asked Mario and Luigi for identification, and they gave Kong their driver's licenses. Right outside the entrance to the Bowser Fashions store, in front of hundreds of pedestrians on Robson Street, Kong first read out Mario's full name and announced to everyone that Mario stole clothing from the store. Mario was very embarrassed by this. Then, Kong read out Luigi's name and address and announced Luigi stole from the store. Luigi then took off the stolen shirt, lit the shirt on fire with a cigarette lighter and said to everyone "yes I did steal this shirt, but I don't want it anymore". The shirt burned up into nothing as Luigi ran away.

After two hours, the police finally arrived. It was only then that Kong realized that no crime had been committed by Mario. Mario was released, and was finally able to go home.

a. Discuss two tort actions that Mario could take against Kong. Will Mario be successful? (There may be more than two- you only need to choose two) (2 IRACs)

b. If Kong is liable to Mario, would this make anyone else liable as well? (1 IRAC)

c. Discuss one tort action that the Bowser Fashions store could take against Luigi. Will Bowser be successful? (1 IRAC)

In total, you will be discussing and applying (IRAC) four issues, but each issue can be relatively brief. This is not a negligence question- discuss other torts and related concepts, but not negligence (20 marks).