WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

Week 2 Learning Team B Assignment IRAC Brief-Tort Case

LAW/531
Kevin Spiering
November 24, 2014

WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

IRAC Brief-Tort Case

Team B chose Case 5.1 False Imprisonment: Walmart Stores, Inc. v. Cockrell. We
discussed the different types of torts, the potential tort risks that arise in the business context, the
risk management process to mitigate business risk, the issue, rule, analysis, and conclusion.
Differentiate among types of torts
The different types of tort are: Intentional torts and Unintentional torts
Intentional torts are when a person intends to cause injury to another person. The
different categories that intentional torts are under are: assault, battery, false imprisonment,
shoplifting, appreciation, invasion of the right to privacy, defamation of character,
disparagement, misrepresentation, and intentional infliction of emotional distress (Cheeseman,
2013).
Unintentional torts are also called negligence. This is where the defendant causes harm
by the consequences of his or her actions. Negligence requires that a duty of care is owed to
someone, the duty is breached, and injury happens to another person because of the breach and
also causes damages (Cheeseman, 2013).
Identify potential tort risks that arise in the business context
The potential torts risk in this matter intentional infliction of emotional distress (tort of
outrage). A tort that says a person whose extreme and outrageous conduct intentionally or
recklessly causes severe emotional distress to another person is liable for that emotional distress.
Unintentional tort (negligence) is the doctrine that says a person is liable for harm that is the

WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

foreseeable consequence of his or her actions. To be successful in a negligence lawsuit, the

plaintiff must prove that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant
breached this duty of care, (3) the plaintiff suffered injury, (4) the defendants negligent act
caused the plaintiffs injury and (5) the defendants negligent act was the proximate cause of the
plaintiffs injuries. Each of these elements is discussed in the paragraphs that follow. There is
also a duty of care that refers to the obligation people owe each otherthat is, the duty not to
cause any unreasonable harm or risk of harm (Cheeseman, 2013).
Risk Management process to mitigate business risk
The risk management process is to describe the step need to monitor and take control
over the risk. The risk mitigation efforts require setting business policies, procedures, standards
responsibilities and goal. The risks mitigation is a process that of developing action to reduce
threats of the business objectives. The risk mitigation process in fourth steps:
1. Identification the Risk
2. Risk impact assessment
3. Risk Prioritization Analysis
4. Risk Mitigation planning implementation and Monitoring
The risk management is the responsible to implement the risk mitigation plan, without an
engage of the risk manager the risk mitigation will not be effective. The mitigation plan needs to
develop a high level of mitigation strategy.

WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

I: Issue
Does the shop keepers privilege protect Walmart from liability under the circumstances
of the case?
The Shoppers Privilege refers to a common law privilege given to shopper keepers
whereby they can detain a suspected shoplifter on store property for a reasonable period of time.
This can only be done if the shopkeeper has reason to believe that the person detained in fact
committed, or attempted to commit, theft of store property.
In order to prevail the privilege, the shopkeeper must ensure that:
1. The investigation is conducted near or on the premise.
2. The shopkeeper has reasonable grounds to suspect the person detained engaged in
shoplifting.
3. Only reasonable, non-deadly force is used to effect the detention
4. The detention only lasts for a short period of time to investigate the facts.
If the shopkeeper fails to satisfy these conditions then they lose the privilege and may be
held liable.
R: Rule: Merchant Protection Statutes (Shopkeepers Privilege)
Shopkeepers privilege is defined as Statutes that allow merchants to stop, detain, and
investigate suspected shoplifters without being held liable for false imprisonment. (Cheeseman,
2013, pp 86) In order for merchants to not be held liable for false imprisonment three criteria
should be met: (1) there are reasonable grounds for the suspicion, (2) suspects are detained for
only a reasonable time, and (3) investigations are conducted in a reasonable manner.
(Cheeseman, 2013, pp 86)

WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

A: Analysis
In conducting an analysis of the law to the facts of the case, the court must look at the
merchant protection statutes for the state. These statutes allow merchants to stop, detain, and
investigate suspected shoplifters without being held liable for false imprisonment. The merchant
will not be held liable if there are reasonable grounds for the suspicion, suspects are detained for
only a reasonable time, and investigations are conducted in a reasonable manner (Cheeseman,
2013, p. 86). Raymond Navarro did not witness the plaintiff steal any merchandise; therefore did
not have reasonable grounds to detain him. There can also be question to the investigation being
conducted in a reasonable manner. Navarro could not have assumed Cockrell hid merchandise
under bandage.
C: Conclusion
The conclusion of case 5.1 False Imprisonment Walmart Stores, Inc vs. Cockrell was a
ruling in Cockrell's favor, with him winning $300,000 for mental anguish. The court of appeals
confirmed the facts of the case with the trial court's findings that Walmart had undoubtedly
falsely accused Cockrell and falsely imprisoned him and had not proved the shopkeeper's
privilege. In order to prove a case of mental anguish is typically lumped together with physical
pain in personal injury claims. But it is recognized as its own separate element of damage

WEEK 2 LEARNING TEAM B ASSIGNMENT: IRAC BRIEF-TORT CASE

(Goyen 2014). Since Cockrell was still shaken up from the incident and did not leave the house
for months, due to being falsely accused by Walmart, that helped his case and he was able to win.

References
Cheeseman, H.R. (2013). Business law: Legal environment, online commerce, business ethics,
and international issues (8th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Goyen, D. (2014). Mental Anguish: How to Prove. Retrieved
from www.douggoyen.com/lawyer-attorney
Risk Mitigation Planning, Implementation, and Progress. (2014). Retrieved November 22,2014
from www.mitre.org/publications/bioengineering's/acquisition
Shopkeepers Privilege and the Legal Definition. Retrieved from www. Definitions.uslegal.com