False Imprisonment

Question 1

What is the intentional tort of false imprisonment?

Answer 1

Occurs when the defendant causes or is a substantial factor in bringing about the confinement or restraint of the plaintiff within a bounded area.

A bounded area has fixed boundaries and no reasonable means of escape.

Question 2

What constitutes a ‘bounded area’ in false imprisonment?

Answer 2

An area with fixed boundaries, where there is no reasonable means of escape.

Escape is not reasonable if it requires heroism, excessive embarrassment, injury, or economic loss.

Question 3

What are the ways confinement of the plaintiff may be accomplished?

Answer 3

• Physical barriers
• Force or threat of immediate force
• Omission by the defendant when there is a legal duty to act
• Improper assertion of legal authority (false arrest)

Each method can lead to liability for false imprisonment.

Question 4

What is the Shopkeeper’s Privilege?

Answer 4

Shopkeepers can temporarily detain suspected shoplifters if they have a reasonable belief that theft is occurring and the detainment is reasonable in time and manner.

This privilege protects shopkeepers from false imprisonment claims under specific conditions.

Question 5

Must the plaintiff be aware of the confinement for the defendant to be liable?

Answer 5

Generally, yes, the plaintiff must be aware of the confinement.

However, there is no minimum amount of time of confinement required.

Question 6

What is required regarding intent for false imprisonment?

Answer 6

The defendant must have specific or general intent to cause confinement or restraint within a bounded area.

This means the defendant desires or is substantially certain that their actions will result in confinement.

Question 7

what are the limits of reasonablility of escape with regard to false imprisonment?

Answer 7

Escape is not reasonable if it requires heroism, excessive embarrassment, injury, or economic loss.