Q1: The loss prevention ocer at a Home Depot store suspects that a customer has
ID: 392007 • Letter: Q
Question
Q1: The loss prevention ocer at a Home Depot store suspects that a customer has slipped a small power tool into the inside pocket of his trench coats. Over the shopper’s protests, the ocer gently takes the shopper’s arm and leads him to the loss prevention oce until the police can arrive. Within minutes, the police arrive, search the suspect, and don’t nd anything. Which statement best describes the liability of the loss prevention ocer and Home Depot.
They are liable for battery because the officer offensively touched the shopper’s arm
They are liable for false imprisonment because the shopper was detained against his will
They are not liable because the shopkeeper’s privilege applies
They are not liable because people invite suspicion if they wear trench coats while shopping
Q2: Gayle Geek, an IT manager, was summoned to the CEO’s office to help him with some issues with his email. In the process of trying to fix the problem, Gayle accidently and permanently deleted all of the CEO’s email. The CEO yelled at Gayle “you idiot, you destroyed all my email!” Gayle broke down into tears, developed severe clinical depression and was hospitalized for two weeks before she could return to work. Which statement best describes the CEO’s liability
He is liable to Gayle for intentional infliction of emotional distress
He is NOT liable for intentional infliction of emotional distress because he did not act intentionally or recklessly
He is NOT liable for intentional infliction of emotional distress because Gayle did not suffer severe emotional distress
He is NOT liable for intentional infliction of emotional distress because his conduct was not extreme and outrageous
Q3: David Developer is a software developer for ABC Software Solutions. When he went to work for ABC, David signed a noncompete agreement with ABC under which he agreed not to go work for a competitor for 2 years after his employment with ABC was terminated. A rival company, XYZ Applications, contacts David and, knowing about his non-compete agreement with ABC, hires David any way to develop a software product similar to ABC’s product. Might XYZ be liable to ABC?
Yes, for tortious interference with a contract
No, because all is fair in love and business
Yes, for violation of the deceptive trade practices act
No, because David is the one who violated his non-compete agreement with ABC
Explanation / Answer
Q1. Statement best describing the liability of the loss prevention ocer and Home Depot - They are liable for false imprisonment because the shopper was detained against his will.
Q2. Statement describing CEO's liability - He is NOT liable for intentional infliction of emotional distress because his conduct was not extreme and outrageous.
Q3. Is XYZ be liable to ABC - No, because David is the one who violated his non-compete agreement with ABC.
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