Although Nothing at All Had Been Stolen, the Store Detective

question 138

Multiple Choice

Although nothing at all had been stolen, the store detective thought Al and Ed had stolen some records. After they exited from the store, the detective said to both of them, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested, Al just hurried off and drove away. Ed felt compelled to submit to the detective. After some time the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true?

• A) Both Al and Ed could sue for the tort of false imprisonment because there had been no crime committed.
• B) Both Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.
• C) Both Al and Ed could sue for assault and battery.
• D) Neither Al nor Ed could sue because neither was confined in a closed space.
• E) Only Ed has a cause of action for false imprisonment (i.e., a legal right to sue).

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