Paula v. Cash Mart & Geoffrey: Unlawful Detention & Possible Torts Claims - Case Study

What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following: What are the possible torts claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.

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In this case, Paula was unlawfully detained by the Cash Mart security guard this is because the guard had no evidence to support his claim. It doesn't mean that because Paula left the Cash Mart in a hurry she had shoplifted something. Paula's freedom of movement without any reasonable cause is compromised when the guard threatens to arrest and jail her in the detention room. Paula could have suffered from emotional distress because the guard accused her falsely. Therefore, Paula can sue the Cash Mart based on emotional distress caused by false accusations and false imprisonment. Moreover, based on how the guard handled her, Paula is entitled to punitive damage.

Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision.

Geoffrey was negligent when he hit the golf ball that injured Paula on the following grounds based on the elements of negligence use of facts. For instance, under the element of damage, Paula the plaintiff is in a position to prove that Geoffrey injured her when the golf ball hit her. The ball made her fall and collapse at the parking bay hence leading to her injuries. This proves that Geoffrey failed to exercise reasonable care. The actual damage is the injuries that were inflicted on Paula by Geoffrey, therefore, Geoffrey owed a duty of care.

Paula's case can also be argued based on the element of proximate cause. For instance, Geoffrey is responsible for the harms inflicted on Paula as they were foreseen through his actions. Therefore, Paula can prove that Geoffrey's actions were a proximate cause of her damages. Geoffrey seems to be aware that the golf course is proximity to shopping malls and car parks that are occasionally used by pedestrians and motorists, therefore, he ought to have taken all the precautionary measures before hitting the golf ball towards the parking bay.

Paula can also argue her civil case based on the element of the "Cause in Fact". For instance, Paula can prove that Geoffrey's actions were the actual cause of her injuries. Were it not for the actions of Geoffrey, Paula would not have been injured. Therefore, Paula can win her civil case by proving that she could not be injured if it were not for Geoffrey's negligent act of hitting the golf ball towards the parking bay.

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.

Paula will file a negligence claim against Geoffrey in a civil court and not a criminal court. This is because Geoffrey accidentally his Paula Plaintiff on the head hence leading to her unconsciousness and injuries. This case will be handled by the criminal court as this type of court handles such types of disputes.

Criminal law applies when a person commits a crime such as rape, arson, murder, robbery, assault, or any other kinds of crimes. This type of person goes to a criminal court after arrest and charged with a crime. Civil laws apply to matters related to disputes, majorly these rules are used when a person sues an agency, a business, or another person. For example, civil law applies to matters related to personal harm, damage of property, consumer problems such as bankruptcy or debt, a family case such as custody or divorce, and housing cases such as foreclosure or evictions.