Question

Tom is a store detective at a shoe store. One day at 9 am, he observed Jill leaving the store wearing a pair of shoes she had been trying on, without paying for them. He raced after her and escorted her back to the store where he locked her up in the office at the back. "That will teach her", he thought. When Jill pleaded to leave, he shouted "You can rot in hell, for all I care! I am never going to let you out!" He let Jill out at 5 pm that same day.

Required: Advise Jill as to what action she can take against Tom. Refer only to common law principles.

IRAC analysis please

Answer 1

As per case study Jill wearing a Pair of shoe and Not paid to shop owner Tom so it is mistake of Jill, And after caught to Jill by shop owner Tom, he had to call police and make complaint against Jill, and court will decide what to do? Against Jill.,

But here Shop owner Tom use Common law and Punished to Jill with locked her in office room,

See common law was mostly used in history such as kingdom Crime.,

But now days Shop owner, Do wrong thing, He Don’t have to lock to Jill,

He also doing this mistake.,

So now Jill can take action Against Shop owner, if she argue That I forgot to pay money after buying shoe and, shop owner locked me, which is wrong things, so here Shop owner Tom have to pay penalties.

If have to advise Jill in the common law principal then , she did mistake, she try to stole pair of shoes and didn’t pay and she has Say sorry to Tom and Pay amount of Shoe and close matter also Tom have to Close the matter, as per common law,

Cause Jill and Tom both are did mistakes so it's better to Close the matter.,

Otherwise if Jill make police Complaint against Tom, then she has to pay penalties or may be Got punishment and also Tom will face same things cause he locked her some hours which is illegal,

So as a Economist my suggestion in common law sense, close the matter

personally.

Conclusion – Never Punish someone If He/She Guilty, Always Take help of Law for it.