Question Two

Read the fact pattern below and answer the following questions in paragraph format.

1. Mr. Yellow 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.

Mr. Yellow went to Sears wanting a refund and got into an argument with the store manager. Mr. Purple, a security guard, told Mr. Yellow that he had to leave the store. Mr. Purple took Mr. Yellow's elbow and began to lead him out of the store. When they got to the exit doors, Mr. Yellow pushed the security guard away, perhaps to exit through the doors without Mr. Purple's assistance. Mr. Purple was quick to react. He put Mr. Yellow into a headlock, knocking off Mr. Yellow's eye glasses and cutting his lip. He put handcuffs onto Mr. Yellow and held Mr. Yellow in the security office. Mr. Yellow asked to leave several times; he also asked to call his wife and he asked Mr. Purple to call the police. All of his requests were denied. After approximately four hours, the police arrived and charged Mr. Yellow with battery and causing a disturbance. The battery charges were later dismissed.

Case: Chopra v. T. Eaton, 1999