IRAC Method
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Use the IRAC method to discuss Sarah's tort claim for Battery, False Imprisonment, and Intentional Infliction of Emotional Distress. Discuss Bozo's Shopkeeper's Privilege.
Bozo's Department Store, in order to deter theft, adopted a policy of stopping people at random as they were leaving the store and asking them whether they had taken certain items which were commonly stolen. Sarah was stopped and questioned in this manner and when she appeared to be flustered, Bozo told her to go back to his office. When she hesitated, he placed his hand on her shoulder and turned her in that direction. She then proceeded to the office without any further assistance from Bozo. When they arrived there, Bozo told Sarah to sit down and wait until he returned with the police.
Instead of going for the police, Bozo closed, but did not lock, the office door and stepped into an adjoining office where he watched Sarah through a one-way mirror to see if she would try to hide anything she might be carrying on her person.
When Bozo saw that Sarah was not trying to hide anything, he returned to the office, apologized for having detained her, said he had decided not to call the police but that so many items were being stolen that a person couldn't be too careful and escorted her to the door.
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Use the IRAC method to discuss Sarah's tort claim for Battery, False Imprisonment, and Intentional Infliction of Emotional Distress. Discuss Bozo's Shopkeeper's Privilege.
Bozo's Department Store, in order to deter theft, adopted a policy of stopping people at random as they were leaving the store and asking them whether they had taken certain items which were commonly stolen. Sarah was stopped and questioned in this manner and when she appeared to be flustered, Bozo told her to go back to his office. When she hesitated, he placed his hand on her shoulder and turned her in that direction. She then proceeded to the office without any further assistance from Bozo. When they arrived there, Bozo told Sarah to sit down and wait until he returned with the police.
Instead of going for the police, Bozo closed, but did not lock, the office door and stepped into an adjoining office where he watched Sarah through a one-way mirror to see if she would try to hide anything she might be carrying on her person.
When Bozo saw that Sarah was not trying to hide anything, he returned to the office, apologized for having detained her, said he had decided not to call the police but that so many items were being stolen that a person couldn't be too careful and escorted her to the door.
Sarah's tort claim for battery:
ISSUE:
Did Bozo commit the tort of battery?
RELEVANT LAW:
Battery, according to common law is the tort ...
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