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41 votes
41 votes
One of the employees of a department store informed the chief of security that he suspected a customer of shoplifting. The employee pointed out the suspected shoplifter, but the security chief thought that the employee was pointing at a different woman. He waited until the woman had left the store and then followed her outside. He went up to the woman, pointed a gun at her, and told her she needed to return with him to the department store's security office. The woman did so, even though she insisted that she had not done anything wrong. The woman was kept waiting in the office for a few minutes until the employee informed the security chief that he had arrested the wrong woman. If the woman sues the department store on the theory of false imprisonment, she will:_______.

(A) Prevail, unless the security chief's belief that she was the shoplifte judged to be reasonable.
(B) Prevail, because she was intentionally detained.
(C) Not prevail, because the period for which the woman was detained was the minimal period necessary to establish her identity.
(D) Not prevail, because the woman suffered no harm.

User BlueIceDJ
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1 Answer

18 votes
18 votes

Answer:

(B) Prevail, because she was intentionally detained

Step-by-step explanation:

The circumstances meet the criteria for wrongful imprisonment. False imprisonment involves cause, intent, and an action or omission that restrains or limits the plaintiff to a defined area. There is no privilege, and the shop is vicariously accountable for the security chief's acts.

User IgorL
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