False Imprisonment

Question 1

False Imprisonment Prima Facie Elements

Answer 1

1. Act is volitional
2. Intent to confine other within boundaries fixed by actor
3. Confinement then Directly or Indirectly results, AND
4. The other being confined is conscious of it

Question 2

Whittaker (1912): Raft to boat = Keys to closet

Answer 2

Court states; “Whittaker wished to leave and was withheld the means to do so. Although she could freely move about the boat, the boat acts as if it were a closet and the raft to leave acts as the key.”

Question 3

Rougeau (’73): 1. Have to be aware of imprison, 2. Communicate desire to leave

Answer 3

Court states; “Because there is no evidence that (a)Rougeau was conscious of confinement, or (b)ever communicated a wish to leave to others, she cannot claim false imprisonment.”

Question 4

Coblyn (’71): Must have reasonable cause to restrain someone for theft

Answer 4

Court states; “There were no reasonable signs the elderly man was stealing and store is liable for the unreasonable actions which caused the apprehension and subsequent emotional and physical harm.

Question 5

Sindle (’73): Cannot be reckless in attempt to escape and recover from resulting damages

Answer 5

Court states; “The young boy’s reckless volitional act of jumping out of a moving bus’ window to escape unjust punishment negates liability for resulting injuries.”