The Detention of the subject must be reasonable considering the factors of physical surroundings, physical contact, and the type and level of any threats.
Explanation:
Shop keeper's Privilege and the Merchant Privilege:As per the doctrine of the common law the shopkeeper or the merchant can detain and question a person if they have a doubt on the person that they have committed an illegal act.
The detention by the shopkeeper is considered proper if:
- The detention is not a physical restrain,it may have arised out of the words ,conduct,behavior of the the person.
- If the reason or the cause for detaining a person is reasonable.The person who is detained has committed some crime
- Reasonableness:The Detention of the subject must be reasonable considering the factors of physical surroundings, physical contact, and the type and level of any threats.
- Consistency: The policy of the Retailers should be same or equally applicable irrespective of the race or personal characteristics of the individual
