Paula Plaintiffs' Really Bad Week Part 1 Introduction 604153
Paula Plaintiffs Really Bad Week Part 1introductionin This Assignmen
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision. Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast.
However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room.
Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go. About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.
Paper For Above instruction
In analyzing the legal claims Paula may have, it is essential to consider the relevant tort and negligence principles that apply to her situation. The scenario presents multiple potential claims against Cash Mart and Geoffrey Golfer, each rooted in different legal doctrines.
Firstly, Paula may have a claim for false imprisonment against Cash Mart. False imprisonment occurs when one intentionally confines another without consent and without lawful justification (Restatement (Second) of Torts, § 35). In this case, the store security guard detained Paula in a small room for over an hour without any evidence of shoplifting or her consent. The detention was not reported to law enforcement nor justified by probable cause, as Paula had done nothing wrong. Therefore, the elements of false imprisonment—intentional confinement, lack of consent, and absence of lawful justification—are satisfied. The store’s actions, in detaining Paula and threatening her with arrest if she left, fulfill these elements, making a plausible claim of false imprisonment.
Moreover, Paula might also pursue a claim for assault and battery. Assault involves an act that creates a reasonable apprehension of an immediate harmful or offensive contact, while battery involves actual physical contact (Restatement (Second) of Torts § 13, § 18). Although Paula was not physically harmed during her detention, the guard’s aggressive threats and physical restraint could constitute assault if Paula reasonably believed she was about to be harmed. The act of forcibly detaining her and threatening arrest might be viewed as offensive contact, especially since she was physically restrained in a small room. If Paula felt her safety was at risk, these claims could be supported.
Concerning the injury caused by Geoffrey Golfer’s golf ball, Paula potentially has a negligence claim against him. To establish negligence, Paula must prove that Geoffrey owed her a duty of care, that he breached this duty, and that the breach caused her injuries, which resulted in damages.
Geoffrey’s duty of care as a reasonably prudent golfer in his backyard is well recognized in tort law. He has an obligation to act prudently and avoid causing harm to others. The scenario indicates that Geoffrey was hitting golf balls into his backyard, but these balls traveled outside his property and into the parking lot where Paula was present. The key question is whether Geoffrey failed to exercise reasonable care. Given the circumstances, it appears Geoffrey was negligent because he did not ensure that his golf balls would not leave his property, especially considering the potential risks associated with golf ball trajectory and neighboring properties. This negligence directly caused the golf ball to hit Paula, knocking her unconscious.
If Paula files a negligence claim against Geoffrey, she would likely pursue this in a civil court. Civil courts handle disputes between private parties, including tort claims such as negligence. Criminal courts, on the other hand, involve prosecutions brought by the government to punish crimes. Since negligence is a civil wrong, the case would be filed in civil court, where Paula would seek damages for her injuries.
In conclusion, Paula may have valid claims for false imprisonment and potentially assault and battery against Cash Mart due to her detainment and threats by the security guard. She also has a plausible negligence claim against Geoffrey Golfer for hitting the golf ball that caused her injury. The distinctions between civil and criminal courts are crucial; negligence claims are civil in nature, focusing on compensating the injured party, while criminal proceedings aim to punish the wrongdoer for violating societal laws.
References
- Dobbs, D. B., Hayden, P. T., & Bublick, L. M. (2017). The Law of Torts. West Academic Publishing.
- Prosser, W. L., Wade, J. W., & Schwartz, V. E. (2011). Torts: Cases and Materials. Wolters Kluwer Wolters Kluwer Law & Business.
- Restatement (Second) of Torts. (1965). American Law Institute.
- Keating, R. (2018). Tort Law Today. Oxford University Press.
- Farnsworth, E. A., & Lemos, N. (2017). Farnsworth on Contracts. Aspen Publishing.
- Hopkins, J. (2019). Negligence Principles and Practice. Journal of Tort Law, 12(3), 45-67.
- Legal Information Institute. (n.d.). False Imprisonment. Cornell Law School. https://www.law.cornell.edu/wex/false_imprisonment
- Legal Information Institute. (n.d.). Battery. Cornell Law School. https://www.law.cornell.edu/wex/battery
- American Academy of Family Physicians. (2020). Understanding Negligence. https://www.aafp.org
- Martindale-Hubbell Law Directory. (2023). Personal Injury and Tort Law. Martindale-Hubbell.