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1. Garrett is a former employee of ABC Auto Repair Co. He

 
 
 

Customer Question

1. Garrett is a former employee of ABC Auto Repair Co. He enters ABC’s repair shop, claiming that the company owes him $800 in back wages. Garrett argues with ABC’s general manager, Stewart, and Stewart orders him off the property. Garrett refuses to leave, and Stewart tells two mechanics to throw him off the property. Garrett runs to his truck, but on the way, he grabs some tools valued at $800; then he drives away. Garrett refuses to return the tools. (10 points)
a. Discuss whether Garrett has committed any torts.
b. If the mechanics had thrown Garrett off the property, would ABC be liable for assault and battery? Explain. should be atleast 6 sentences long.

Submitted: 960 days and 8 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: United States

 
 
 
 
 
 
Posted by Tina 960 days and 8 hours ago.

Expert's Answer

Thank you for contacting our JA team for guidance.

a. Garrett has committed the Tort of conversion by taking the tools that belong to the employer. The employer can sue Garrett in Small Claims court for the value of the tools or a state court of general jurisdiction for the value of the tools or their return.

b. Not unless a reasonable person would have felt threatened for his safety. The employer has the right to exclude whomever they wish from their property.


Best regards XXXXX XXXXX

TG

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960 days and 8 hours ago.

Customer Reply

would u mind adding a sentence to A and B and ill happily accept ur awnser. THANK YOU!

 
 
 
 
 
 

Accepted Answer

a. Conversion is basically the civil equivavlent of theft of personal property.

b. Assault requires that Garrett reasonably feared for his safety. Battery requires an unwanted touching. Although Garrett may have not wanted to be removed from the property, there is no indication that they would have literally thrown him off the property. Had they done so and Garrett reasonably feared for his safety, he could bring these claims.

Good luck to you.

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Expert: Tina
Pos. Feedback: 98.7 %
Accepts: 6668
Answered: 10/6/2009

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JD, BBA Over 20 years legal and business experience.

 
 
 

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