Delia Jones is shopping at Kohl's one afternoon. She has her two ...

[kellyjaisingh]

Delia Jones is shopping at Kohl's one afternoon. She has her two small children with her and they are not cooperating. As she is looking at several pairs of earrings, one of the children in her stroller spills a drink on the stroller and floor. Delia places two pairs of earrings on top of her diaper bag and begins cleaning up the children's mess. Frustrated, she then leaves the store to return home. On her way out in the parking lot, she is stopped by store security who asks her to come with him to the store offices. She does so. As they are walking to the elevator, the security guard passes an employee and says, We've got another loser shoplifter here. Delia is kept at the offices until the police come. She explains the situation and the store manager declines to prosecute. Discuss the liability of the store for its conduct.

Question 2

Predatory pricing is:
 A) pricing below cost.
 B) per se illegal.
 C) price discrimination.
 D) None of the above

[juliaf]

Answer to Question 1

Kohl's enjoys the shopkeeper's privilege and has the right to stop and detain based on reasonable cause. In this situation, while there was no intent, Delia did take merchandise from the store without paying. The guard was protected by the privilege in both the stop and the reasonable detention. However, the guard's remark as he escorts Delia is excessive. While it is only one person, the remark was defamatory and not protected by the privilege. Such disclosure is inappropriate, not protected by the shopkeeper's privilege and results in Kohl's liability to Delia.

Answer to Question 2

A

[kellyjaisingh]

Thanks for the timely response, appreciate it

[bblaney]

Excellent