Read the fact pattern carefully and apply the law to the facts. ANALYZE thoroughly so I know you understand the law and how it applies to the fact pattern and explain why did you come to the conclusion you did. Use an IRAC format to answer the questions.
Issue... (Problem)
Rule..(What does Law say)
Here, (INSERT FACTS ANALYZE THEM) ANALYSIS
Therefore,
Edward was working as a manager at the Blooming Whales high end clothing store, he would periodically walk around different store sections making sure the clothes are folded properly, there is no mess at the fitting rooms and the store adheres to its high business standards. Edward also answered customer questions and made sure they are satisfied with the service. Customer comes in and Edward approaches to help him. Customer asks to see few shirts and watches, Edward helps the customer who picks out few watches and T shirts, however Edward receives a phone call and goes to the office asking the sales representative to continue helping the customer. While in the office Edward watches the activities taking place at the store through the cameras and notices customer slipping something into his shoe. At first Edward does not pay much attention but then something else catches his eye, customer goes into the fitting room with a new watch on his wrist and comes out with no watch on his wrist or hand. Edward pages the sales representative that was helping the customer to go check in the fitting room and see if there is any watches there but sales representatives does not find any. After coming out of the fitting room customer heads to the door and tries to exit the store. At this point being suspicious that customer may be in possession of shoplifted goods Edward goes back to the store and asks the customer to stay for few more minutes. Customer is outraged and engages in verbal fight with Edward but Edward explains that it is store's policy to detain a customer if they have suspicions that goods might be shoplifted but. Customer, continues arguing but eventually complies with Edward's suggestions. First he checks customer's bag, then asks him to turn over his pockets, where he finds a phone, few credit cards and keys, then he asks the customer to step out of his shoes and lift his feet up. Then Edward asks customer's permission to pat him down, although extremely furious but customer agrees, Edward conducts a brief pat down and at this point he does not find any shoplifted goods in customer possession. All together the procedure lasts for 20 minutes and then Edward apologizes for the inconvenience and customer leaves extremely dissatisfied threatening not to ever come back to that store.
Blooming Whales store receives new chairs to put in the shoe department. As the chairs were unpacked Edward noticed that many of them were wobbly and unstable. However, he ignored the fact that they may not be fit for consumer use. Edward had an opportunity to put the chair company on notice of the defect and could have used the old more stable chairs instead of the new ones, however the new ones were more modern and more stylish. Emily, a regular customer of the store came in to buy shoes. She picked the pair and went to seat to try the new shoes. As she sat down on the new chair, because of the defect the chair broke and Emily fell to the floor suffering a broken arm and had to be hospitalized. She sued Blooming Whales for negligence.
1) Can Customer sue the store for False Imprisonment? DISCUSS the appropriate law and Analyze.
2) Will Emily succeed in her suit for Negligence against Blooming Whales? DON'T DISCUSS defective product or Negligence Per Se.
DISCUSS NEGLIGENCE ONLY, with all its appropriate components. BE DETAILED and THOROUGH!