Smiley did not attempt to leave before the police arrived, assuming that Rocco would prevent him from doing so if he tried. Smiley accompanied the police officers to the police station where they accepted his explanation as to why he was in the store and released him. Question: What claim might Smiley have against Boulevard, Maldini or Rocco? Answer: order to answer these questions there are a few tort liability issues that need to be discussed. The first issue is false imprisonment. False imprisonment is the intentional confinement of another person within fixed boundaries without lawful justification. ”
(Kerr, 19) In this case, Smiley could have left the store, but was led to believe that Rocco would stop him if he tried. There was no physical restraint in this situation and no justification on suspicion of shoplifting; however, the detention was psychological. Smiley believed that Rocco would physically restrain him if he tried to leave the store. If this tort was brought in court, Rocco could use the defence of legal authority. The defence of legal authority is raised where the defendant claims that a statutory provision authorizes the conduct that would otherwise constitute a tort. ” (Kerr, 29) Since Rocco is considered a private citizen and not a police officer, he can only make an arrest if a crime is actually being committed at the time. Rocco believed that Smiley was committing a crime because he was informed so by Maldini. In this case, however, Smiley was not committing the crime of shoplifting and Rocco. 2.
Tort Law Essay Example
Prentice, an “Ourway” salesman, telephoned Hall and offered to come to her apartment to show her the latest in their health and beauty products. When Prentice entered the apartment building, owned by Newman, Prentice found the hall light was out of order. He attempted to climb the stairs in the dark and fell on a loose step, breaking his leg. Hall knew about the faulty light and the loose step but had not thought to warn Prentice. Newman was not aware of either problem. Question: What claim does Prentice have against either Hall or Newman?