¶ … trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have been cleared, is when the person is free to go. In this case, they will argue that the shopkeeper's privilege gives them the right to conduct these activities. Under the law, merchants can detain someone for a reasonable period to determine if any wrongdoing was committed. This is because they believed that a crime was occurring which could have resulted in substantial losses to the company. If they did not act quickly, there is a possibility that the perpetrator may have escaped. To prevent this, the security will take aggressive actions to protect the company. Wal Mart is citing how this approach has been utilized across the country and no one is complaining about their practices (other than Cockrell). In this aspect, Wal Mart will argue that they did nothing wrong by checking areas inside his clothing where he could hide stolen items. This is standard operating procedure for dealing with shoplifters using the shopkeeper's privilege. (Statsky, 2011)
Brief Paper 2
Assume your readers know the facts of the case and are only seeking your opinions on whether or not the definition of trade libel is fair to business owners. Argue both sides of the issue.
The case involving Lucky Cheng's v. Zaga Survey, Inc. is showing how there are two different interpretations of liable. In this case, the Zaga Survey rated Lucky Cheng's as a good restaurant...
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