Share
Explore BrainMass

Conditional privilege and contributory negligence

1.Store owners' "conditional privilege" defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually

a)requires only that the store owner acted with reasonable cause in detaining the suspect.

b)requires only that the store owner detains the suspect for a reasonable length of time.

c)extends only to false imprisonment claims.

d)requires that the store owner act with reasonable cause, in a reasonable manner, and detain the suspect for only a reasonable length of time.

Pam and Deb were in a car accident. Deb went through a red light, hitting Pam from the side. However, Pam was driving 45 miles per hour in a 25 miler per hour zone. Pam sues Deb based on negligence for damages. If Pam loses the suit, which of the following is the most likely reason why?

a)The lawsuit was filed in a "contributory negligence" state.
b)The lawsuit was filed in a "comparative negligence" state.
c)Pam is uninsured.
d)Pam's accident was seen as "res ipsa loquitur."

Solution Preview

1) d- Conditional privilege exists for store owners to detain persons that are reasonably believed to be shoplifters, if ...

$2.19