Nick Dekker went into the Black Oak Restaurant for dinner. When leaving, he mistakenly took George Walton's
Question:
Nick Dekker went into the Black Oak Restaurant for dinner. When leaving, he mistakenly took George Walton's hat from the coat rack and walked out the door. Walton observed the incident, ran outside, and yelled, "Stop thief!" just as Dekker was driving out of the parking lot. Walton jumped into his own car and gave pursuit. He overtook a car driven by a man who looked like Dekker, although it was really Ferdinand Sinzant. Walton pulled alongside and forced Sinzant onto the shoulder of the road by easing his car along the front left side of Sinzant's car. When the cars stopped, Walton leaped out and smashed Sinzant in the mouth, knocking him unconscious. He put Sinzant into his car and drove back to the restaurant, where he phoned the police. When the squad car arrived, Sinzant regained consciousness, and Walton said, "Arrest this man; he's a thief!" The police refused to make the arrest because they had not observed any crime. However, they advised Walton that if he made a citizen's arrest, they would book Sinzant. Walton thereupon placed Sinzant under arrest. Meanwhile, Harry Hightower was injured when his car ran into, and badly damaged, the left rear of Sinzant's car, which was protruding slightly into the street with its lights out. At the time of the accident, Hightower was under the influence of marijuana. What torts have occurred?
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Walton v Dekker for conversion of the hat The fact that the hat was taken by mistake is irrelevant Dekker v Walton for defamation arising from yelling ...View the full answer
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