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Shopkeeper's privilege is a law recognized in the United States under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property.
Recent legal developments have made this procedure unattractive, through creditors using the oppression remedy available under the CBCA and similar provincial corporations legislation. [ 71 ] Several procedures are available for investigating companies' behaviour during times of insolvency or other financial difficulty.
Safe harbors have been promoted by legal writers as reducing the uncertainty created by simply employing a vague standard (such as "recklessness"). [1] On the other hand, this type of rule formulation also avoids the problem of creating a precise rule that leaves a judge with no available discretion to allow for "hard cases".
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Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
In order to ensure that private enforcement remained with a robust solution, the BPA's discussions with Government resulted in a form of keeper liability being introduced with the Protection of Freedoms Act, [43] allowing the private operator in England and Wales to pursue the registered keeper of a vehicle if a named driver cannot be traced or ...
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