False Imprisonment

Question 1

False Imprisonment: Black Letter Law

Answer 1

An actor is subject to liability to another for FI if:
1. The acts intending to confine the other person or a third person within boundaries fixed by the actor; and
2. His acts directly or indirectly result in such conferment of the other; and
3. The other is conscious of the confinement or is harmed by it.

Question 2

What constitutes confinement?

Answer 2

1. confinement within the boundaries fixed by the actor must be complete.
2. there is no reasonable means of escaping safely
   * boundaries set by the actor.
   * no reasonable means of escape.
   * does not have to continue for any particular length of time

Question 3

Intentional Restraint

Answer 3

lack of consent and against her will - no means of reasonable escape

Question 4

Indirect Confinement

Answer 4

• threatens plaintiff’s personal property or well-being in a way that compels her to remain in a place.
• threats against the plaintiff’s interests.

Question 5

Against a person’s will

Answer 5

The choice to stay might have not been a pleasant one, but if it is a voluntary decision, the person has not been confined against his will.
ex.) clearing your name at work and staying

Question 6

Shop Keepers Privilege

Answer 6

retailers do not have to let go of a suspect or face potential liability if their suspicion of theft is proved wrong.

1.) A merchant with reasonable cause may detain on the premises;
2.) in a reasonable manner; and for
3.) a reasonable amount of time;
4.) any person suspected of shoplifting
5.) for questioning or summoning of a police officer.