Shopkeeper statutes prevents recovery for false

“Shopkeeper statutes”: prevents recovery for false imprisonment when shopkeepers
have probable cause for suspecting theft
Walmart v. Cockrell
 Karl Cockrell sued for false imprisonment after accused of shoplifting
 Trial court in favor of Cockrell, Walmart appealed
Dorsey, Justice:

 “Shopkeeper’s privilege” must be done in a reasonable manner, but Walmart was not
reasonable about the search & confinement→ affirmed
Security Alarms as One Way to Establish Reasonable Cause
 Estes v. Jack Eckerd Corp, court held alarm provided reasonable grounds to investigate
shoplifting
Trespass
Elements
 P must establish:
1. Affirmative conduct by defendant
2. Intent to enter onto realty in possession of another
3. Resulting in actual entry
Affirmative Conduct
 Must be on D’s own action
Intent
 No intent of harm required
Actual Entry
 Entry does not require body to touch property (ex. Throw rock)
 Bradley v. American Smelting and Refining → P must show actual damages to receive
recovery with airborne particles/substances
 Renters have the right to sue for trespass
Defenses
 Consent: tenant has landlord’s consent
 Legal right: easements (right to use someone’s property for limited purpose)
Invasion of Privacy
Intrusion
 D intrudes in area where P has reasonable expectation of privacy
Disclosure of Embarrassing Private Facts
 Not defamation b/c facts are true; more like blackmail
 Invasion of privacy if it is (a) highly offensive to RPS and (b) not of legitimate concern to
public
False Light
 D makes statements/actions that would injure P’s reputation (good and bad statements)
 Like defamation, but instead compensation for shame or humiliation
Appropriation of Name or Likeness (“Right of Publicity”)
 Using names/likeness without permission
Intentional Infliction of Mental Distress
 Elements for proof:
1. D acts intentionally/recklessly
2. D’s conduct extreme
3. D’s action must cause P’s emotional distress
4. P’s emotional distress must be severe
 Can’t be used to evade freedom of speech

Fraud
 Fraud: intentional misleading of one person by another
Conversion & Trespass to Personal Property
 Conversion: actionable invasion of personal property
 Trespass to personal property (trespass to chattels): covers minor invasion of personal
property (eg. vandalism, computer hack-which is also a crime!)
Nuisance
 Nuisance: protects enjoyment of property (eg. noises/smells)
Special Problems
Employer Liability
 Both employee and employer liable if employee acts within scope of employment at time
of injury
3
Joint and Several Liability
 Joint: each D may be held responsible for entire loss caused to P, even if less at fault
Business Torts
 Arise directly from competitive rivalry b/t businesses
 2 areas of business torts:
1. Intentional Interference w/ Business Relationships (tortious interference)
2. Unfair Competition
Intentional Interference w/ Business Relationships
Elements
