# What is the potential effect of this case on the financials of Baron Art Mart? ⁃ What impact does shoplifting have on the economy as a whole? ⁃ Does the decision to detain Susan Kim have ethical backing? ⁃ What effect does this situation have on the competition of Baron Art Mart? To answer question 1

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Presentation Introduction: Good morning everyone! We are the Snyder Law Firm. Presenting today is myself alexas, sihey,david,patricia,rojia, and Ryan. For case #2 its Baron Art Inc. Before we start here are some ground rules *read slide Executive summary * read slide ⁃ This case is based on if Baron Art Mart, Inc. will settle out of court with Susan Kim for compensation for lost income. ⁃ Our firm conducted statistical and legal analysis to provide information about these decisions. ⁃ Our firm recommendations that Baron Art Mart settle out of court to provide the compensation. Material facts * read slide – The customer relations manager for Baron Art Mart, Inc., Bruce Levin, has requested our firm to provide analysis for a case to report to Donald West, the chief administrator. – This case revolves around a request for a settlement from Susan Kim for compensation for loss of income. This is due to an injury she sustained while being detained for shoplifting. – A memo from Jimmie Lee, the loss prevention manager, gives further insight into the situation. (Efrat & Gunther, 2017). What else can I add to this? Open issues and questions * read slide ⁃ What effect, if any, did the $50 gift certificate have in terms of the ramifications of this situation? ⁃ Was Jimmie Lee’s detention of Susan Kim reasonable? ⁃ What is the potential effect of this case on the financials of Baron Art Mart? ⁃ What impact does shoplifting have on the economy as a whole? ⁃ Does the decision to detain Susan Kim have ethical backing? ⁃ What effect does this situation have on the competition of Baron Art Mart? To answer question 1 I’m going to pass to the next presenter to roujia • The customer relations manager for Baron Art Mart, Inc., Bruce Levin, has requested our firm to provide • • analysis for a case to report to Donald West, the chief administrator. This case revolves around a request for a settlement from Susan Kim for compensation for loss of income. This is due to an injury she sustained while being detained for shoplifting. A memo from Jimmie Lee, the loss preventmanager, gives further insight into the situation. (Efrat & Gunther, 2017). BARON ART MART, INC. – QUESTIONS – Spring, 2021 Suppose you are consultants helping Bruce Levin. You have just confirmed that, for all practical purposes, Mrs. Kim will be unable to work at all during the next twelve (12) years, including all of 2016. Write a report, addressed to Donald West, Chief Administrator of Baron, which covers the questions below. Be sure to follow the guidelines for writing a report found on the Instructor’s web page. Q. 1. Would the merchant’s defense relieve Baron Art Mart, Inc. from liability under the cause of action of false imprisonment? Do a full legal analysis and discussion, and use the materials in the case library appropriately. Q. 2. The data from Ms. Kim is in the Excel file on the course website. Use Excel, along with this file, to determine Mrs. Kim’s real income for the last fifteen (15) years. Do this by first converting each price index from percent by dividing by 100. Then, divide gross income by your converted (adjusted) price index. Using Excel, find the mean, median, standard deviation, and variance of her past real income. Explain the meaning of these descriptive statistics. Can you use mean income to forecast future earnings? Take into account both statistical and non-statistical considerations. Q. 3. How do you interpret the price indices in the data file Ms. Kim submitted? How do economists construct them? Use Excel regression to analyze the relationship between the adjusted price index (dependent variable) and year (independent variable). Interpret your regression findings by discussing the coefficient of determination (R-square), the regression coefficient, the regression equation, and the p value. Can you use the regression equation to predict the price indices? Take into account statistical, macroeconomic, and other considerations. Q. 4. Assuming that Baron Art Mart, Inc. is liable for false imprisonment and assuming that Mrs. Kim is deemed unable to locate another job for life due to her present medical condition, is a court likely to award her compensation for loss of future income? What standard will a court consider in determining whether Mrs. Kim is entitled to compensation? Do a full legal analysis and discussion, and use the materials in the case library. Q. 5. What would be the likely amount of an award to Mrs. Kim? Assume that Mrs. Kim’s real income will not change over the next twelve (12) years. Use the regression equation from question 2 to project the adjusted price index for the next twelve years. Compute the projected gross income by multiplying the real income by the projected adjusted price index. Assume that Mrs. Kim pays 27.5% of her gross income in taxes and that Green will not provide state assistance. Finally, assume that the discount (present value) rate is 5.5%. Discuss the factors that could cause Mrs. Kim’s future income to differ from your estimate. Analysis Report: Mrs. Kim vs. BARON ART MART INC. Name Lecturer Course Institution Date Table of Contents Q1: Baron Art Mart merchant’s defense relieve ………………………………………………………………………………. 3 Executive Summary …………………………………………………………………………………………………………………….. 3 Introduction ………………………………………………………………………………………………………………………………… 3 Discussion ………………………………………………………………………………………………………………………………….. 4 Facts of the Case ……………………………………………………………………………………………………………………… 4 Negligence………………………………………………………………………………………………………………………………. 6 Conclusion …………………………………………………………………………………………………………………………………. 7 Q2: Determination of Mrs. Kim’s Real Income ………………………………………………………………………………. 8 Mean income ………………………………………………………………………………………………………………………….. 8 Median income ……………………………………………………………………………………………………………………….. 8 Variance …………………………………………………………………………………………………………………………………. 8 Standard deviation …………………………………………………………………………………………………………………… 8 Q3: Interpreting Price Indices from the Excel calculations of Mrs. Kim Income ……………………………….. 10 R-Squared Value ……………………………………………………………………………………………………………………….. 10 Q4 Likelihood of Court Award for Loss of Future Income ……………………………………………………………… 12 Q5: Likely Award ……………………………………………………………………………………………………………………… 14 Bibliography …………………………………………………………………………………………………………………………….. 16 Q1: Baron Art Mart merchant’s defense relieve Executive Summary Mrs. Kim walked into the Baron Mart store and checked some calligraphy sets. She then walked away and out of the store, at pace and with stuffed pockets. A store employee, Lee, reasonably suspected theft after noticing a missing calligraphy set and went after Kim, holding her by the arm and exercising shopkeepers’ right to prevent loss, which gave consent to hold Kim. While being pulled back, Kim lost balance and suffered permanent injury which implies she can never work again. However, under the circumstances, baron Mart is not liable for the tort of negligence resulting in injury. Kim was held for over an hour, with intention, completely confined, with full knowledge of the store’s staff, but without consent and Lee’s defense in exhibit 1 does not absolve Baron Mart Inc. of the liability of false imprisonment tort. Introduction When people are harmed or injured as a result of preventable actions from other parties, they are entitled to some form of compensation.This is defined under the law of tort. A tort refers to an act of omission or commission, other than breaching a contract that results in harm or injury to another party, and constitutes a civil wrong for which liability can be imposed by the courts. Tort actions include intentional torts, negligence torts, and strict liability. This report (to Donald West, Baron’s Chief Administrator) is a detailed legal and case analysis involving Mrs. Kim, who got injured and was detained after being suspected, falsely, of shoplifting at Baron Art Mart, Inc. the facts of the case are evaluated, and a professional opinion provided, before conclusions are drawn. Discussion Facts of the Case While shopping at Baron Mart, Mrs. Kim was held by the arm and shoved back to the supermarket as she was leaving, having been suspected of shoplifting. In the process, she lost her balance and fell on one of the check-out counters, and was injured. She continued limping and complained of experiencing terrible back pain when being taken for further interrogation. Mrs. Kim had to wait for the store manager (as per protocol), who arrived an hour later; Mrs. Kim, was found not to have done any wrong when asked to empty her pockets. Mrs. Kim was admitted to hospital, had a surgery and two subsequent surgeries that did not help her condition and it was determined that she has an irreparable back injury with an abnormal spinal degeneration, meaning she has a permanent disability, a condition that prevents her from ever being able to work again. Consequently, Mrs. Kim (Susan Kim) is seeking compensation from Baron Mart Inc. for her injuries while on the company’s property; she is permanently disabled and is seeking $ 570,000compensation for medical expenses and $ 950,000 for loss of future income. The first issue to determine is whether the defense by Lee (Jimmie Lee) relieves Baron Mart Inc. of liability for causing false imprisonment at their premises based on a (wrong) suspicion of theft. Another issue to be determined is whether it was just and moral for Baron’s employees to hold Kim for investigation, considering the period of time taken to resolve the matter. While it’s reasonable for staff to investigate if any item they hold for sale has been stolen; however, the length of time and the manner in which Kim was handled is unacceptable. The circumstances indicate there is evidence that would necessitate a need for an investigation; however, the time taken holding Kim is unreasonable and consequently, there is a tort of false imprisonment. False imprisonment under tort must meet the following conditions; • Is intentional • Complete confinement of another party/ person • Complete confinement for an appreciable/ significant amount of time • There must be full knowledge of the confinement • The confinement is done without proper consent1 The detention of Kim was done with full intent, and it was complete confinement of Kim for an unreasonably long period of time, with the baron staff having full knowledge of the confinement, with the consent of Kim misused/ abused, all the while, she was under visible pain and discomfort, and she complained about this, as evidenced in exhibit one, which confesses to these conditions for the tort of imprisonment. While initially there allusion of consent by Kim, this consent was abused by the unreasonably long period of time Kim was detained to conduct and conclude an investigation. While shopkeepers retain the right to legally investigate a shopper if there is suspicion of theft, as shown by the Thompson vs. LeBlanc case of 1976 where it was ruled that employees have the authority to detain persons in cases of suspected theft, under reasonable cause and within a reasonable time to complete investigations2; the Kim case shows an unreasonably long amount of time of detention. Consent, therefore, applies only when a reasonable amount of time was given: the store manager took at least an hour before conducting an investigation, and this implies consent is deprived. The only situation where the defense by Exhibit one given by Lee that there was proper consent by Baron Mart (the shopkeepers 1 Cornell Law School, ‘False Imprisonment’ (LII / Legal Information Institute) accessed 27 March 2021. 2 Casetext, ‘Thompson V. Leblanc, 336 So. 2D 344 | Casetext Search + Citator’ (Casetext.com, 2019) accessed 27 March 2021. privilege) to detain Kim, and therefore, Baron Mart would be relieved of the tort of false imprisonment liability. As such, while there was reasonable cause, the detention must be done in a reasonable manner as well as within reasonable time and so Baron Mart Inc. cannot be relieved of liability. Negligence However, there is no justification for a tort of negligence on the part of Baron Mart, despite Kim having sustained injuries while being detained under the shopkeepers’ privilege. The case of tort of negligence arises when there failure of sufficient care when a duty owed to another is being fulfilled. The conditions that fulfill liability under the tort of negligence include; • Duty of care • Breach of this duty of care • Causation of injury3 In the Mrs. Kim case, there are special circumstances in that Baron Mart has the right to prevent a loss that all businesses have. Mrs. Kim was suspected of shoplifting, and the concerned staff had reasonable cause to suspect shoplifting, and took the necessary action to prevent a possible loss. In the process, however, Mrs. Kim sustained permanent injuries and the injuries were due to an accident, rather than negligence on the part of Baron Mart. Kim had stuffed pockets, and the Baron mart staff noticed a calligraphy set missing; further, Kim walked very fast exiting the premise, and Lee, therefore, had reasonable cause to suspect theft as Kim did not make any payments and he noticed a missing calligraphy set. Grasping Kim by the arm to bring her back to the premise, Kim lost her balance and fell on a checkout counter, sustaining injuries that later 3 Law Shelf, ‘Introduction To Negligence’ (Lawshelf.com) accessed 27 March 2021. became permanent. In this case, Baron Mart does not bear liability of negligence under the unique circumstances of the case. Conclusion Baron mart exercised its right to prevent a loss; Kim was reasonably suspected of shoplifting, an action that would cause the store a loss, and Lee, a Baron Mart staff, took reasonable action under the shopkeepers’ privilege to detain the suspect and have an investigation done. However, the suspect, Kim was detained for an unreasonably long time, depriving the store of the right of consent as it took an hour for the investigation to be completed (in which she was exonerated). The tort of imprisonment holds because the detention was intentional, there was complete confinement of Kim for an extended period of time, with full knowledge of the Baron Mart staff, but without proper consent, so the exhibit 1 by Lee does not absolve baron Mart Inc. of liability for the tort of false imprisonment. However, the store is absolved of liability for the tort of negligence resulting in permanent injury to Mrs. Kim. Q2: Determination of Mrs. Kim’s Real Income Mean income To establish Mrs. Kim’s real income in the preceding 15 years, the data provided in exhibit 3 (MS Excel file) is used; the price index was converted first by 100 to determine the adjusted price index, for every year to determine the real income. The mean gross income for Mrs. Kim was then determined for every from 2001 to 2015 and found to be $ 93,779.9; this was divided by the adjusted mean price index for each year to determine the average annual real income for Mrs. Kim; this was established to be $ 44,856.92. This value is used for establishing her expected income for the subsequent years, given she is now unable to work. Median income The media is the middle number in a series after a series is sorted from the lowest to the highest number. The median was determined in a spreadsheet using the MEDIAN function, and the median is established to be $ 44, 672.55. Variance This measures variability, and is the average of the squared differences of a set of values from the mean, and for Mrs. Kim’s salary, the variance was established to be $ 2,336, 152.46 Standard deviation This value is a measure of the amount of dispersion (variation) of a series of values, relative to the mean value of the series. The standard deviation is computed by first determining the variance and then finding the square root of the variance; this was found to be $ 1528.09. The mean cannot statistically be used for forecasting future earnings since it is a constant number that does not take into account changes in years and economic conditions such as inflation or adjustments to income. However, it can be used as a non-statistical predictor of future earnings. Q3: Interpreting Price Indices from the Excel calculations of Mrs. Kim Income The indices computed from the Excel file on Mrs. Kim’s earnings are useful tools for statisticians and economists to determine and define other relevant statistical indices and data to help them find how Mrs. Kim can be assisted, for instance, in determining her due compensation based on los of future income. Regression analysis is a method for determining relationships between two variables, in which case there is an independent and dependent variable. The independent variable in this case is the year, while the dependent variable is the adjusted price index; regression was done in the spreadsheet; R-Squared Value The R-squared value was found to be 0.9861; R-square, the coefficient of determination, is used to determine what percentage spread exists between the two variables, and the R-square value established shows a near perfect fit, meaning the variables are close to each other, and implies a strong and significant correlation between the year and the adjusted price index. Regression equation This is determined by first finding the Y-intercept, which is the point where the price index crosses the X-axis; the Y-intercept was found to be 1963.39 with X-variable being 21.29, and the regression equation for the two variables is defined as; ŷ = 21.29033X + 1963.38682 This is a statistical consideration that can determine the adjusted price index (inflation), nonstatistical considerations include the economy, rate of unemployment, factors such as promotion, bonuses given, or a person changing career. The regression equation can be used in predicting price indices from a statistical perspective. The statistics help in understanding the P-value; the P-value for the intercept was found to be 9.1411334905413E-35, which is far less than the alpha value of 0.05; meaning P< 0.05 This gives evidence against the Null hypothesis that there is no statistical relationship between year and adjusted price index, and so the alternative Hypothesis is accepte …

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