Posted: June 20th, 2017

Paul filed a lawsuit for false imprisonment against Dan’s Bookstore. During a visit to Dan’s Bookstore, Dan stopped Paul as he left the store. Dan accused Paul of stealing a book from the store. After briefly looking into Paul’s shopping bag, Dan determined that Paul did not shoplift. He apologized to Paul and released him. On these facts, Dan will likely:

Paul filed a lawsuit for false imprisonment against Dan’s Bookstore. During a visit to Dan’s
Bookstore, Dan stopped Paul as he left the store. Dan accused Paul of stealing a book from the
store. After briefly looking into Paul’s shopping bag, Dan determined that Paul did not shoplift.
He apologized to Paul and released him. On these facts, Dan will likely:
a. win the case, because the shopkeepers’ privilege statute gives store merchants unconditional
immunity (protection) from such lawsuits.
b. lose the case, because Paul did not shoplift.
c. win the case, but only if a court or trier of fact concludes that Dan had reasonable cause to
believe Paul may have shoplifted, detained him for a reasonable time, and in a reasonable
manner.
d. lose the case, because Dan did not have a warrant.