To deter shoplifters, Dale's Department Store adopted a policy of stopping people at random as they were leaving the store and asking them whether they had taken certain items that were commonly pilfered. Marti was stopped and questioned in this manner and when she appeared to be flustered, the manager told her to go back to his office. When she hesitated, he placed his hand on her shoulder and turned her in that direction. She then proceeded to the office without any further assistance from him. When they arrived there, he told her to sit down and wait until he returned with the police.

Instead of going for the police, the manager closed, but did not lock, the office door and stepped into an adjoining office where he watched Marti through a one-way mirror to see if she would try to hide anything she might be carrying on her person. Marti could not see the manager and after a few moments went to the mirror, fixed her makeup, unbuttoned her blouse, adjusted her bra, and returned to her chair. When the manager saw that Marti was not trying to hide anything, he returned to the office,

apologized for having detained her, and told her that he had decided not to call the police. As he escorted her to the door, he also told her that so many items were being stolen that a store couldn't be too careful.

Marti has asked you whether she has an action against Dale's Department Store.

What possible torts claims might Marti raise against the store?

• Name as many torts that you think Marti might raise, even if you don't think there is strong evidence to indicate that she is likely to prevail. What fact or facts from the scenario support your belief that the store might be liable for this tort?
• What defenses might the store make? Do you think they are likely to be successful? Why or why not?