False Imprisonment

Question 1

When does false imprisonment arise?

Answer 1

Where the Δ intentionally confines the P into a bounded area against the P’s consent and the P is aware of the confinement or injured by that confinement

(protects ones freedoms/liberty of movement)

Question 2

What are the elements of false imprisonment?

Answer 2

1. Intent
2. Confinement
3. against P’s will
4. P knows of the confinement or is injured thereby

Question 3

When does the Δ have the requisite intent for false imprisonment?

Answer 3

1. Δ had the desire toconfine/restrain
2. Δ knew that that confinement/restraint was substantially certain to occur due to his action

Note - motivr is irrelebant

Transferred intent applies

Question 4

When is the element of confinement established?

Answer 4

• Needs to be confinement in a bounded area
• Duration, even a very brief period, applies
• As long as P is aware of that confinement
  
  • if P knows of a reasonable means of escape, no confinement

Question 5

When does confinement generally occur?

Answer 5

• Through force or threats of force
• threats of reputational force henerally not sufficient

Question 6

How is the element of “against P’s will” satisfied?

Answer 6

Consent does not constitute false imprisonment

Question 7

How is the element of harm or damage satisfied in false imprisonment?

Answer 7

• If P aware than the jury will award whatever damages they think is appropiate
• If P is unaware, there can still be faalse imprisonment only if P is physically injured due to the confinement
• false assertion of authority