Learning Activity #1: Discussion
Please review the following fact pattern. Discuss any possible causes of action as well as relevant defenses. The focus of this question is on negligence and intentional torts. Use the elements of the torts set forth in your reading materials. I am not as interested in who you think will prevail in court, as I am in how you apply the law to the facts to support your conclusion.
Base your answer only on the facts provided. If additional information is needed, tell me that.
You answer should be about 200 words and is due on Thursday. Respond in substantial form to at least two students by Sunday. This assignment is worth 1.75 points.
Roberto, visiting Maryland from New Jersey, was shopping at Nordstrom’s, a Washington State corporation, when he was stopped by a security guard who accused him of stealing a pair of shoes that he had stashed in his briefcase. When the guard called the manager, Roberto explained that he had previously bought the shoes at Payless Shoes and was comparing prices. He said that if they followed him to the Payless Shoe Store, they would find the shoebox in the trash. He also said that if they looked at the Payless Shoes’ website, they would find that identical style for sale. The manager refused both requests and Roberto was unable to show a receipt which he claimed, was also in the trash. He was taken to the stockroom where he was handcuffed to large metal container until police arrived. The manager filed a complaint against him, but charges were dropped when the security guard failed to appear to testify. Roberto sues the store. What did he claim? What defenses does Nordstrom have, if any?