Problem
Case
Debra Fairweather, a fashionable college student, went shopping for bargains on Boxing Day with her mother. As Debra walked through the front doors of Stylz Ladies Boutique, an alarm was set off. Deb turned around to find two older women, whom she assumed were security guards, looking at her suspiciously. Deb continued shop[1]ping with her mother, but neither found anything to buy. As they were leaving the store, the alarm again sounded as Deb went through the front doors. After she and her mother reached the sidewalk, the two older ladies-who were indeed acting as security guards for the store- approached Deb. One of the ladies touched Deb lightly on the shoulder and the other asked Deb to return to the store. Deb believed that she had no choice. As she walked back into Stylz, the alarm once again went off. One of the ladies then instructed Deb to pass through the secu[1]rity door without her jacket. The alarm did not sound. On inspection, one of the security guards located a Stylz security tag, which triggers the door alarm, inside one the jacket's sleeves.
The store manager then confiscated the tag, wrote down Deb's name and address, and told Deb that she could take her jacket and leave. The 4. Reverend Baldasaro, a gentleman in his late 50s, is a mem[1]ber of both the Church of the Universe and the Marijuana Party of Canada. He regards cannabis as part of the holy sacrament. He also hopes to be elected to Parliament during the current federal election. Two weeks ago, he visited Eastgate Square Shopping Mall in Hamilton with a view to attracting voters. A security guard employed by the mall told the Reverend that his activities were prohibited and asked him to leave. Reverend Baldasaro left without incident. Yesterday, however, he returned with a collection of pamphlets and buttons, and a col[1]league, Reverend Tucker (aged 72). The candidate and his friend were then approached by two security guards, who told them that they were trespassing and that they would be arrested if they did not leave immediately.
The guards claim that Reverend Baldasaro replied, "Go ahead and arrest us because we're not leaving." The Reverend denies that statement and claims instead that he indicated that he would leave after Reverend Tucker had purchased a book from a nearby store. In either event, the security guards forcibly arrested both gentlemen and detained them in a mall office. A police officer, whom the security guards could have called as soon as they approached the two reverends, was already present in the office. He then assumed control of the situation and later escorted the two Reverends out of the mall. Reverend Baldasaro was not hurt during the incident, but the security guards' actions caused Reverend Tucker injury and considerable pain.
Task
A. Discuss the legal issues that are raised by the facts.terribly embarrassed at the time, but she is now angry. After she returned home, she remembered that she had purchased the jacket, a month earlier, at another branch of Stylz. That explains the presence of the security tag. Deb wants to sue. Which tort should she use? Whom should she sue? What are her chances of success? If she wins her case, what remedies might the court award?
B. Explain the difference between assault and battery. Describe a situation in which there is assault but not battery. Describe a situation in which there is battery but not assault.
C. Identify and explain a situation in which the concept of reasonable force is important to the removal of a person who is trespassing on business property.
D. "The tort of false imprisonment does not require proof that the defendant actually locked the plaintiff into a prison, but it does require proof that the defendant physically prevented the plaintiff from leaving an enclosed area." Is that statement true? Explain your answer
E. "A business person is at liberty to use any amount of force to remove or arrest an undesirable customer." Is that statement true? As a business person, what factors would you consider before making an arrest or removing a customer from your place of business?
F. Describe the tort of malicious prosecution and explain how it is related to the tort of false imprisonment.
G. Does a person commit a trespass to land by walking into a store if the owner of the store actually did not want any visi[1]tors? Explain your answer.