Posted: August 2nd, 2022

Paula’s Legal Claims Against Cashmart and Geoffrey

In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Instructions
In a 6–10 paragraph paper, answer the following questions:

What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following:
What are the possible tort claims that Paula can make against Cash Mart? Ace my homework – Write my paper – Online assignment help tutors – Discuss the elements of the claim and how those elements relate to the facts in the scenario.
Was Geoffrey negligent when he hit the golf ball that injured Paula? Ace my homework – Write my paper – Online assignment help tutors – Discuss the elements of negligence and use facts from the scenario to support your decision.
If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court.
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This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.

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The specific course learning outcome associated with this assignment is:

Determine if a plaintiff can make legal claims based on the events in a given scenario.

Legal Claims
Name
Institutional Affiliation

Paula’s Legal Claims Against Cashmart and Geoffrey
Against Cashmart, Paula will need to file a legal claim for unlawful detainment or false imprisonment since the organization acted with no legal authority and restricted her freedom of movement for a considerable duration (Sokol, 2020). False imprisonment arises when the security guard locked her in a room against her will yet the former did not age substantial evidence to prove that Paula was shoplifting. The legal claim against Geoffrey should be a tort claim that resulted in personal injuries and hence the defendant will need to pay compensatory damages from the harm caused and accrued.
False imprisonment is an act that is punishable under tort law where it is considered to be an intentional tort. In the prima facie case of the intentional tort, the elements that need to be proven include the fact that the defendant willfully acted, intended to confine the claimant without their consent nor authority of the law, the defendant’s act caused the plaintiff confinement and the plaintiff was aware of their confinement (Sokol, 2020). The area of restraint will need to be an area that has an individual’s freedom of movement limited in all directions. The elements are clearly evident in this scenario considering the security guard accused her of shoplifting, but while Paula denied it, the officer unassisted and confined popular in the small room at the back store. The guard threatens Paula from leaving the room or it would lead to her arrest and being sent to jail. It is evident that the security act acting on behalf of the company willingly acted and did have the intention of confining Paul Without her consent or any authority of law. The action of the supreme guard led to Paula’s confinement and also the latter did know she was confined hence choosing not to escape to avoid being arrested.
Golfers have the mandate of ensuring that they do not engage in any unskillful or incompetent conduct or risk facing a negligence claim. In determining negligence in Geoffrey’s conduct, the elements to be established include Geoffrey owing Paula a duty of care, which was breached leading to Paula’s injuries and the reckless conduct was the proximate cause for the injuries (Dexter,m 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). In this case, Geoffrey hitting golf balls in his backyard which is evidently a residential place meant that he should have known that any reckless conduct could hurt passersby or those in neighboring buildings. Geoffrey owed Paula and other persons a duty of care to hit the golfs carefully ensuring that they do not harm other individuals. Nonetheless, he decided to break out his new driver knowingly which led to the golf ball going out of his backyard into Cashmart’s parking lot. Knocking another individual on a nearby property is a foreseeable risk but his choosing to hit the ball outside of his property was a clear breach of his duty of care. This breach led to the ball hitting Paula and she suffered injuries. Geoffrey was clearly negligent and should be liable for the harm suffered.
Paula is to file the negligence claim against Geoffrey in a civil court since the tort is a wrongful act that injured or interfered with another individual or property. In a civil case, the plaintiff sues the defendant to get compensation for a wrong done by the defendant (Lumen, 2020). Crimes that are handled by criminal acts are wrongful acts that are done against the state or federal government. The crime is typically unauthorized and harmful physical contact with another individual specifically battery. It is a crime when a threat of such contact as assault is also made. They include assault, battery, murder robbery, extortion, and fraud (Lumen, 2020).

References
Dexter, G. M. (2014: 2024 – Essay Writing Service. Custom Essay Services Cheap). Tort Liability for Golf Shots: Time to Reject the Recklessness Standard and Respect the Rules of Golf. DePaul J. Sports L. & Contemp. Probs., 9, 1.
Lumen. (2020). Reading: Types of law: Criminal, civil, tort, statutory, common, and intellectual property | Introduction to business. Retrieved from https://courses.lumenlearning.com/introbusinesswmopen/chapter/reading-criminal-versus-civil-law/
Sokol, R. (2020, January 7). What if I’m falsely accused of shoplifting? Ask the lawyer. Retrieved from https://www.dailybreeze.com/2020/01/07/what-if-im-falsely-accused-of-shoplifting-ask-the-lawyer/

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