False Imprisonment

Question 1

FALSE IMPRISONMENT

Answer 1

The key testable elements for false imprisonment are:
* An act or omission on the part of the defendant that confines or restrains the plaintiff
* The plaintiff must be confined to a bounded area

Question 2

Sufficient acts of restraint include

Answer 2

• Physical barriers
• Physical force directed against the plaintiff, immediate family, or
  personal property (for example, confiscating the plaintiff’s purse)
• Direct threats of force
• Indirect or implied threats of force
• Failure to release the plaintiff when under a legal duty to do so

Question 3

Awareness of Confinement

Answer 3

The plaintiff must know of the confinement or be harmed

Question 4

What Is a Bounded Area?

Answer 4

For an area to be “bounded,” freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff.