Questions for Critical Thinking
1. One of the controversial aspects of occupiers liability and its more recent statutory form arises out of the rights afforded trespassers. One possible change to the law would be to eliminate all rights. What would be the consequences of this approach? Are there sole trespassers that you would feel uncomfortable leaving without protection?
2. The tort of false imprisonment places serious limitations on any action the retailer can take to detain suspected shoplifters. What are the pros and cons of these limitations? Are they fair? What are the countervailing interests at stake? How can retailers reduce the risks associated with apprehending suspected shoplifters?