SHOPKEEPERS PRIVILEGE TO REASONABLE DETAIN BUT DOESNT WORK HERE FACTS P guard

Shopkeepers privilege to reasonable detain but doesnt

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(SHOPKEEPER’S PRIVILEGE TO REASONABLE DETAIN. BUT DOESN’T WORK HERE) FACTS: P guard-fireman for D employer. Two lawnmowers belonging to D stolen and P refused to cooperate with investigation. P refused search of his home. P asked to wait in guard house. No more than 30 mins. No time totally restrained. P brings suit for FI. HOLDING: IMPLIED CONSENT working for the business. Coblyn v. Kennedy’s Inc. (MASS. 1971) MERCHANT DEFENSE FACTS: After shopping at D store. P leaving when D stopped him. D thought P was attempting to steal an ascot. P was hospitalized and sued D for FI. HOLDING: YES FI restrained P personal liberty. Nor was it privileged. Given P’s age and heart condition – could do nothing but comply with D “request” that he go. P restrained of personal liberty by fear of a personal difficulty = FI 10 | P a g e
P a g e | 11 Sindle v. New York City Transit. Auth (NY 1973) (REASONABLE DEFENSE TO PROPERTY/BUS + UNREASONABLE ESCAPE BY KID) FACTS: P passenger on school bus owned by D. Students aboard behaving disobediently and causing damage to bus despite driver admonition. Driver bypassed usual stops and took P and few other students to police station. P pulled out of window when was trying to escape. HOLDING: NO FI. Protection of property or individual welfare defense by D. INTENT TO CONFINE DIRECT OR INDIRECT CONFIN HARMED DEFENSES WHITTAKER SINDLE ROUGEAU COBLYN SINDLE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS o Restatement 2d §46 (1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject toliability for such emotional distress and if bodily harm to the other results from it, for such bodily harm (2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotionaldistress (a) to a member of such persons immediate family who is present at the time whether or not such distress results in bodily harm or (b) to any person who is present at the time fi such distress results in bodily harm (p.742) 11 | P a g e
P a g e | 12 PRIMA FACIE: following elements: 1. Act by D amounting to EXTREME and OUTRAGEOUS CONDUCT 2. INTENT on part of D to cause P to suffer SEVERE emotional distress, or RECKLESSNESS as to the effect of D’s conduct 3. CAUSATION 4. DAMAGES – SEVERE emotional distress “outrageous conduct” = conduct that transcends all bounds of decency tolerated by society. Extreme Business Conduct Use of extreme methods of collections, if repeated, may be actionable Misuse of authority School authorities threatening and bullying pupils Offensive or insulting language Generally offensive or insulting language will not be characterized as outrageous. Could change if SPECIAL RELATIONSHIP between P and D or a SENSITIVITY on P part of which D is aware INTENT RECKLESS CONDUCT – acting reckless disregard of a high probability that emotional distress will result CAUSATION INTENT/CAUSATION REQUIREMENTS IN BYSTANDER CASES PHYSICAL HARM to a third person by intentional D. and P suffers severe EMOTIONAL distress because of her relationship to injured person.

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