Shopkeeper's Privilege

Pronunciation: SHOP-keep-erz PRIV-uh-lij

Torts › Against Persons

Definition

Limited privilege allowing merchants to detain suspected shoplifters for reasonable investigation. Must have reasonable suspicion of theft, detain in reasonable manner, for reasonable time, and for reasonable investigation. Exceeding these bounds creates liability for false imprisonment.

Related terms

• False Imprisonment — Intentional confinement of a person within boundaries fixed by the defendant. Requires: (1) intent to confine, (2) actual…
• Consent — Complete defense to intentional torts when plaintiff expressly or impliedly manifests willingness for defendant's conduct. May be express…

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