Description
Francine, carrying a large purse, was shopping in a K-Mart store. A security guard observed her looking at various small items such as stain, hinges, and antenna wire. On occasion she bent down out of sight of the guard. The guard thought he saw Francine put something in her purse. Francine removed her glasses from her purse and returned them a few times.
After she left, the guard approached her in the parking lot and said that he believed she had store merchandise in her purse but was unable to say what he thought was put there. Francine opened the purse, and the guard testified he saw no K-Mart merchandise in it. The guard then told Francine to return to the store with him. They walked around the store for approximately one hour, while the guard said six or seven times that he saw her put something in her purse. Francine left the store after another store employee indicated she could go. Francine sued and won the lawsuit. DON’T ADD ANY FACTS.
1. What is/are the name (or names, if more than one) of the tort(s) that would give Francine the win in her lawsuit, and explain your answer while applying all of the elements as taught in LAW2001. Do not include any torts that would not be successful.
(70% of your grade, divided by the number of correct torts chosen and correct elements discussed in your answer. You will lose points for choosing incorrect torts.)
2. Specify at what point in the fact pattern (or timeline) that the conduct of the guard created liability and why. (30% of your answer)
