Section 3.21 Merchants’ Statute
| Library | Tort Law 2016 |
B. (§3.21) Merchants’ Statute
Under § 537.125.4, RSMo 2000, there is an affirmative defense for merchants in a malicious prosecution case:
...4. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed a wrongful taking of property, as defined in this section, and who has detained such person and investigated such wrongful taking, may contact law enforcement officers and instigate criminal proceedings against such person. Any such contact of law
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