In a situation where a security guard apprehends a suspected shoplifter without probable cause, which torts could he be guilty of?

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In this scenario, if a security guard apprehends a suspected shoplifter without probable cause, he could potentially be liable for several torts, specifically assault, battery, and false imprisonment.

Assault refers to an act that creates an apprehension in another of an imminent harmful or offensive contact. If the security guard makes an aggressive move or verbally threatens the individual during the apprehension, this could constitute assault, as the suspected shoplifter would sense an immediate threat.

Battery involves the actual physical contact that is harmful or offensive. If the guard physically restrains or touches the individual inappropriately during the apprehension, this may lead to a claim of battery, because such contact is harmful and occurs without legal justification.

False imprisonment occurs when a person is confined or restrained against their will and without lawful authority. If the security guard detains the suspected shoplifter without probable cause, thereby restricting their freedom of movement, this constitutes false imprisonment, as the detention lacks legal justification.

Therefore, all these torts could be applicable in this situation, making the answer "All of the above" the most appropriate choice. Each tort represents a different aspect of the guard's conduct, highlighting the importance of lawful detention practices.

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