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8 March, 10:07

Imagine instead that the guard questioned Caldwell in the parking lot and, after finding no contraband in her purse, brought her back into the store and gripped her by the upper arm and walked through the store saying "I saw you stealing merchandise" for 15 minutes. During that time, several other shoppers heard the guard's comments. From there the guard put her in a back office, and confiscated all her clothes as "evidence" and left her there for two hours while he went on a lunch break.

What claims would Caldwell have against the store?

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  1. 8 March, 10:29
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    - battery

    - intentional infliction of emotional distress

    - slander

    Explanation:

    Battery is unlawful physical contact but still not severe enough to be considered as an assault. Grabbing her upper arm and walked through the store made the guard eligible for battery charge.

    Intentional infliction of emotional distress occurred when the guard publicly humiliate Caldwell in the public by doing all these in front of other customers.

    Slander is the act of making false accusation that can damage a person's reputation. The guard did this by accusing her of stealing without any solid proof.
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