Question
Mr. Nguyen went to Sears wanting a refund and got into an argument with the store manager.Mr. Ahmad, a security guard, told Mr. Nguyen that
Mr. Nguyen went to Sears wanting a refund and got into an argument with the store manager.Mr. Ahmad, a security guard, told Mr. Nguyen that he had to leave the store.Mr. Ahmad took Mr. Nguyen's elbow and began to lead him out of the store.When they got to the exit doors, Mr. Nguyen pushed the security guard away, perhaps to exit through the doors without Mr. Ahmad's assistance.Mr. Ahmad was quick to react.He put Mr. Nguyen into a headlock, knocking off Mr. Nguyen's glass and cutting his lip.He put handcuffs onto Mr. Nguyen and held Mr. Nguyen in the security office.Mr. Nguyen asked to leave several times; he also asked to call his wife and he asked Mr. Ahmad to call the police.All of his requests were denied.After approximately four hours, the police arrived and charged Mr. Nguyen with battery and causing a disturbance.The charges were later dismissed.
1. Mr. Nguyen wants to sue.Who will he sue and why?What claim or claims will he make?What does he have to prove in order to be successful for each claim?
2. Can the defendant raise any defences?Explain your answer.
3. You are the judge.Make a decision and explain how you came to that decision.
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