If a security guard a local store detains an individual whom they suspect of shoplifting however, when the authorities arrive approximate 10 minutes later the female is searched and no merchandise is found is that considered emotional distress. I read that many states do not recognize negligent emotional distress - only intentional. But I wouldn't think this would fall under intentional - but then does it fall under a dignitary tort? I wouldn't think it would fall under false imprisonment as she was not imprisoned but held in store security custody. Am just somewhat confused on the actual legal aspect so looking for guidance.© BrainMass Inc. brainmass.com June 3, 2020, 7:12 pm ad1c9bdddf
First let us discuss what is law of tort.
The term "tort" is a legal term derived from the Latin word "tortus", meaning a "wrong". In his famous treatise, Handbook of the Law of Torts, William Prosser defined "tort" as "a term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages."
Thus tort is a legal wrong. Law of tort is a part of the civil law. Law of tort serves as a protection to the person whether it is his physical body or his property. In the case of torts, the plaintiff is the victim of an alleged wrong ...
This discusses the case study of Law of Tort