False Imprisonment

Question 1

Elements for False Imprisonment

Answer 1

1. Intent
2. Confinement/Restrained to bounded area
3. Against plaintiff’s will
4. Plaintiff knows the confinement OR is injured thereby

Question 2

Methods of confinement

Answer 2

• Use of physical barriers;
• Failing to release plaintiff where ∆ has legal duty to do so;
• invalid assertion of legal authority

Question 3

Duration of confinement

Answer 3

No duration is necessary – period of brief confinement will suffice

Question 4

When is plaintiff not confined?

Answer 4

When plaintiff knows of a reasonable means of escape

Question 5

False Arrest

Answer 5

A false assertion of authority is false imprisonment