Assault ,false imprisonment, excessive force ....need to protect the organization

questions. (50 marks) 5-6 pages double. (5 marks) Introduction This is where you would introduce the topic of your paper. Create some context and background of what you are presenting. This should really just be a paragraph summarizing how you got to your conclusions. Legal Issues and Context of the Case 0 What are the legal issues that arise in this problem? Why are they important? What are the applicable legal rules? 0 Is there a clear answer as to the operation of the law? If not, what are the potential legal outcomes and which is most likely? What is the objective or purpose behind the rules being applied? Possible Outcomes and Impact Will the purpose or objective behind the rule being applied likely affect the outcome of a court action? What effect can these outcomes have on the business involved? What is the best course of action for the business? (Why?) Discuss the potential impact of the various possible courses of action that can be taken on the business. Considerations for Risk Analysis What should have been done (if anything) to avoid this problem in the rst place? (risk analysis) Considerations for Risk Analysis What steps (if any) should be taken to avoid similar problems in the future? (risk avoidance) Conclusion 0 This is where you wrap up your essay and leave your reader with a nal impression. 110f16 further encouraged to participate in the program. One Saturday afternoon Joe was walking around the oor of the store when he saw a well dressed customer (Oliver Mann) carrying an obviously full large brown paper bag in both hands, looking at merchandise in the store. Joe had noticed him because on another occasion one of the employees had pointed him out as a person who had been acting suspiciously but they had never caught him taking anything in the past. This time Joe saw him pick up a small but expensive power tool and put it into the bag he was carrying. Joe called over two of his new employees, both young vigorous athletic looking young men. He gave Sam the keys to his car and his cellular phone, telling him to drive around the block and call into the customer service desk to coordinate so that he could cut the customer off if he tried to get away. He and Harry the other young man, looked around and found the customer in another section looking at building supplies. This was near the supply entrance where there was no cashier located and sure enough the customer left the store through that open side door. Joe sent Harry off to follow and as he went out the from way to intercept the eeing customer he told the customer service clerk to alert Sam in the car that the customer was eeing and was heading across the intersection at the front of the store. When Mr. Mann, the customer saw that he was being followed he started to run. Harry ran after him. Joe also ran after him cutting across at an angle from the front door. Harry caught up to him rst in the intersection garbing him, but the Mann dropped his package shrugged off Harry and leaping away made a run for it. Just at this time Sam in the car drove into the intersection, jumped out of the car and made a ying tackle sending himself and Mr. Mann in a heap onto the street. Sam sat on Mann, and proceeded to hit him several times in the head. Harry joined the action at this time and added several of his own blows, all before Joe the manager caught up and arrived at the scene. All three then picked up Mr. Mann who was severely dazed by this time and half dragged and half carried him back into the store. When Joe returned to the store he immediately called the police. About the same time the police arrived at the store, Richard also presented himself at the store identified himself to the police and explained that he had been stopped at the intersection waiting for a red light immediately beside where Sam had parked his vehicle when these events took place. Richard had witnessed the whole thing from when the customer had left the store. His attention was rst drawn to a well-dressed man carrying a large parcel as he left the store hurrying across a right turn segment of the intersection just ahead of a right turning car. He had witnessed one person come after the man from around the side of the store and another come after him out of the front door. He had 110f16 CASE: 0. Mann v. The Builder's Friend et a] (Torts) Joe had been recently promoted to the position of manager at one of the Lower Mainland outlets of a retail sales business selling home and garden supplies called The Builder's Friend. This business had 20 retails outlets in western Canada concentrating on supplying the needs of the home owner and amateur builder. There had always been a considerable problem with shoplifting and this was particularly true at Joe's location. Maters had been made worse in recent months with a serious downturn in the economy which showed a related increase in theft from the store. All normal steps had been taken to reduce this problem including hiring oorwalkers, inspecting packages of customers as well as requiring all vehicles that came onto the premises to submit to a vehicle inspection as they left. When Joe became manager he was told that one of the major problems he had to deal with was the excessive shoplifting taking place at his store. Joe was also told that the old manager lost his job because of an inability to reduce such thefts and so he knew that his success in his new job depended to a large on the way he dealt with this problem. Joe decided to enlist all of his staff into this struggle and as a part of his regular weekly sales meetings devoted a signicant part to a program encouraging all the employees to get involved in the theft prevention business. \"To have a go,\" as he put it. He also made sure that any new person hired not only looked like, but could \"take care of himself' He encouraged everyone working at the store to be watchful for any sign of shoplifting and a signicant portion of the weekly training sessions were spent on how to spot such thefts, Within 6 months of taking over as manager Joe was satised that all of the employees were excited about the program. They seemed not only vigilant but eager to catch shoplifters and indeed in that time several shoplifters had been apprehended. Joe took a zero tolerance tough approach and made sure that all were prosecuted to the full extent possible, even kids. He further rewarded the employees involved in the apprehensions by recognizing their contributions on the staff bulletin boards and also in a more tangible way by giving them a day off with pay. He noticed that the other employees appreciated this and were further encouraged to participate in the program. One Saturday afternoon Joe was walking around the oor of the store when he saw a well dressed customer (Oliver Mann) carrying an obviously full large brown paper bag in both hands, looking at merchandise in the store. Joe had noticed him because on another occasion one of the employees had pointed him out as a person who had been acting suspiciously but they had never caught him taking anything in the past. This time Joe saw him pick up a small but expensive power tool and put it 110f16 into the intersection, jumped out of the car and made a ying tackle sending himself and Mr. Mann in a heap onto the street. Sam sat on Mann, and proceeded to hit him several times in the head. Harry joined the action at this time and added several of his own blows, all before Joe the manager caught up and arrived at the scene. All three then picked up Mr. Mann who was severely dazed by this time and half dragged and half carried him back into the store. When Joe returned to the store he immediately called the police. About the same time the police arrived at the store, Richard also presented himself at the store identied himself to the police and explained that he had been stopped at the intersection waiting for a red light immediately beside where Sam had parked his vehicle when these events took place. Richard had witnessed the whole thing from when the customer had left the store. His attention was rst drawn to a well-dressed man carrying a large parcel as he left the store hurrying across a right turn segment of the intersection just ahead of a right turning car. He had witnessed one person come after the man from around the side of the store and another come after him out of the front door. He had witnessed Harry's initial attempt to subdue the customer and said he had had a \"grandstand seat\" for what he had described as a perfect \"ying tackle\" coming from the driver beside him who had jumped out of his car and brought the man with the package down. He had also described the blows that Harry and Sam had administered to subdue the customer on the ground and had seen the man being dragged back to the store. Richard left his name and address with the police and they said he would likely be called on later. Mr. Mann at this time wasn't making much sense and so the police arrested him and called an ambulance. The next day at the hospital Mr. Mann who had suffered a concussion in the fray, explained to the police that he had simply been looking at what was in the store, and although he had at rst intended to buy a small too] he had decided it was too expensive and had changed his mind. Because he was not purchasing anything, he had left by the most convenient exit. When asked why he ran, Mann replied \"wouldn't you run if you saw several big men chasing you?\" The police went back to the store and asked to look in the bag that Mann had been carrying. Joe realized that in the excitement they had not brought it back to the store with them. They went out into the street looking for it but by that time of course it was gone. The following questions should be considered when approaching your case: In addition there may be other specic questions that are attached to the individual case. What are the legal issues that arise in this problem? Why are they important? What are the applicable legal rules? Is there a clear answer as to the operation of the law? - If not, what are the potential legal outcomes and which is most likely? What is the objective or purpose behind the rules being applied? Will the purpose or objective behind the rule being applied likely affect the outcome of a court action? What effect can these outcomes have on the business involved? What is the best course of action for the business? (Why?) 0 Discuss the potential impact of the various possible courses of action that can be taken on the business. What should have been done (if anything) to avoid this problem in the rst place? (risk analysis) What steps (if any) should be taken to avoid similar problems in the future? (risk avoidance) FORMAT: Essay style format that highlights your academic writing skills. This includes introduction, a conclusion, and no bullets or point form responses (10 marks.) APA Referencing. If you do not know how to do APA I recommend you go visit student support services. (10 marks) 0 Academic thought and critical insight considering all the questions. (50 marks) 5-6 pages double. (5 marks) Introduction This is Where you would introduce the topic of your paper. Create some context and background of what you are presenting. This should really just be a paragraph summarizing how you got to your conclusions. Legal Issues and Context of the Case What are the legal issues that arise in this