Patty Plaintiff's Really Bad Week


Question Description

In this assignment, you’ll need to decide whether Patty Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Patty Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Patty, who has taken nothing, denies any wrong doing. The officer insists and takes Patty to a small room in the back of the store. The guard tells Patty that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Patty is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Patty that she is free to go.

About this same time, Gerry Golfer is hitting golf balls in his backyard. Gerry decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Patty Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Five days later, after recovering from her injuries, Patty returns to work at Acme Corporation. Unfortunately, she used her company email to send her mom a personal email about her injury despite being aware that Acme’s company policy prohibits use of company email for personal communication. Patty’s supervisor, Barry Bossley, discovers Patty’s violation and Patty is reprimanded. When Patty goes home she uses her personal computer to post disparaging comments about her boss and Acme Corporation on social media. The next day Patty is fired from her job.

In 5-6 pages, answer the following question: What types of legal claims could Patty make against Cash Mart, Gerry, and Acme Corporation? Consider the following:

    1. What are the possible tort claims that Patty can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
    2. Was Gerry negligent when he hit the golf ball that injured Patty? Discuss the elements of negligence and use facts from the scenario to support your decision.
    3. Does Patty have a right to privacy when using Acme Corporation’s e-mail system? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
    4. Can Patty be legally fired from her job for making negative comments about her boss and her company on social media? Discuss the elements of the claim and how those elements relate to the facts in the scenario.

Tutor Answer

School: Rice University

Hey buddy; it was a pleasure working with you. If you need any clarification let me know. Attached is the answer, turnitin report and the outline.







Running head: BUSINESS LAW


Cash Mart and Business law
Affiliated instituting
Instructor’s name



The possible tort claims that Patty can make against Cash-Mart and elements of the claim
The most outright lawsuit that Patty can make against Cash Mart is the emotional distress
she underwent on mere suspicions. There are a number of things that the guard could have done
instead of keeping Patty in the room, alone, for an hour only to be dismissed after she was
already late. The emotional distress was a result of being accused and threatened; the guard made
it clear that Patty would be taken to jail if she left the room. It should not have been so easy for
the guard to insinuate that the act of Patty attempting to leave the room would send her to jail.
Such a claim is enough to make someone panic even though they were sure that someone else
committed the offense they were falsely accused of.
Such an act is an indication that Cash Mart does not have an organized method of
handling theft tissues hence prone to frequently inflicting emotional distress on the customers.
Patty lost a lot of time being held without specific evidence that she was involved in shoplifting.
Combining the one hour in the room and the time she spent knocked out was enough to
disorganize her day. This argument should be made keeping in mind that Patty had an
appointment which is why she was rushing out of the shop before being stopped. The emotional
distress is a combination of many events that took place that day, from being abruptly
apprehended and falsely accused of theft, being threatened and left in a secluded room alone,
being worried that she failed to attend the appointment and still being hit by a ball when she
finally left the store room.
Being hit by the golf ball is also a legit complaint that can also be blamed on both Gerr...

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