After enjoying a meal on the outdoor veranda of a restaurant, Heena paid the amount stated on the bill, put a leash on Pierre, her miniature Chihuahua, and began to leave. At that point, Gaston, the waiter, dashed over to her table and asked why Heena had not left a tip. Heena agreed that the service and food had been excellent, but explained that she is cheap and never leaves a tip. Gaston then grabbed Pierre and refused to give him back unless Heena left a tip. Heena became very distraught, but still refused to leave a tip. The scene lasted for nearly an hour. Heena felt able to leave only after Pierre snapped at Gaston and jumped into Heena's arms. Diners are expected, but not legally required, to leave tips if they enjoy their meals. Which of the following statements is most likely TRUE?
A) Gaston committed the tort of false imprisonment against Heena.
B) Gaston acted lawfully as long as he reasonably believed that Heena was legally obligated to leave a tip.
C) Because he grabbed a living creature, rather than an inanimate object, Gaston cannot be held liable for trespass to chattels, conversion, or detinue.
D) By remaining on the premises after she had finished her meal, Heena committed the tort of trespass to land.
E) To prove the tort of false imprisonment, Heena must show, amongst other things, that she did not commit any crime or tort during the entire episode.
Correct Answer:
Verified
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