Orlando, visiting California from New Jersey, was shopping at Save-Mart, a California corporation, when he was stopped by a security guard who accused him of stealing a bottle of Advil he had in his pocket. When the guard called the manager, Orlando explained he had previously bought the Advil at Rite-aid and was comparing prices. He said if they followed him to the drugstore, they would find the packaging from the bottle in the trash. He also said if they opened the bottle, they would find it was missing two pills, which Orlando said he took in the parking lot after departing the drugstore. The manager refused both requests and Orlando was unable to show a receipt, which he claimed, was also in the trash. He was taken to a stock room where he was handcuffed to a large metal container until police arrived. The manager filed a complaint against him, but charges were dropped when the security guard failed to appear to testify. Orlando then sued the store.
Compare Orlando’s facts to the following:
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Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions.
What are the factual similarities? What about differences? How might an attorney for Orlando argue the differences would result in a different result for Orlando?
One paragraph 4-6 lines