Business Law Essay

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Asma Al Shaikh Hasan 43149 Seat number: 33 6-2.This problem should be submitted via Safe Assign; and a hard copy submitted in class on the due date. (40 points) No collaboration permitted. On January 20, 1986, Lucia Resendez went shopping at Wal-Mart during her lunch break. Upon entering the store, she first went to the snack aisle to see what kind of peanuts they had. While browsing through the store, she began to eat from a bag of peanuts marked with a Wal-Mart price sticker. Raul Salinas, a security guard for Wal-Mart, followed Resendez and observed her place the empty bag under a rose bush. He then watched her purchase some items and leave the store. After determining that Resendez had not paid for a bag of peanuts, Salinas followed her into the parking lot. He accused her of taking the bag of peanuts without paying and asked her to accompany him back into the store. Resendez objected that she bought the peanuts the day before at another Wal-Mart store and could provide the receipt to prove it. She then reluctantly accompanied Salinas to the back of the store and they waited in the manager’s office. Within about ten to fifteen minutes a police officer arrived and arrested Resendez. Resendez posted bail and was released about one hour later. A jury convicted Resendez of misdemeanor theft but later, the court of appeals overturned her conviction because of a defect in the charging instrument. She then sued Wal-Mart. How is the court likely to decide this claim? Use the IRAC method of legal reasoning to discuss this question. (Collect model solution at the AUS Writing Center after submission date). [Wal-Mart Stores, Inc. v. Resendez, 962 S.W.2d 539 (Texas, 1998)] Issue: Is Wal-Mart liable to Resendez for false imprisonment based on Salina’s actions of accusing her and causing her to experience detention? In order to prove the tort of false

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