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Intentional Torts - Intentional Torts to Persons - False Imprisonment

5 important questions on Intentional Torts - Intentional Torts to Persons - False Imprisonment

How does one measure reasonableness for means of escape?

Take someone who represents the collection of the individuals who is not in your situation. You take the average Joe, who is smart enough to understand human interaction. Would this individual find this way of doing something a reasonable way of doing that way?

How can one prove that the victim was confined within a Bounded area?

The victim must be confined within an area bounded in all directions. The bounded area can be, however, a large area, even an entire city.

How can one prove the Means of Confinement or Restraint?

For false imprisonment to exist, the victim must be confined or restrained. The confinement may be accomplished by:

Physical barriers
Force or threat of immediate force against the victim, the victim’s family or others in her immediate presence, or the victim’s property
Omission where the defendant has a legal duty to act
Somebody gives you orders, but is in no position to give you these orders

What is the meaning of false arrest?

The improper assertion of legal authority can unlawfully restrain a victim. This form of false imprisonment constitutes false arrest
The victim must submit to the arrest for it to constitute imprisonment. The arrest is imprisonment under the circumstances.

Does a victim need to be aware of his or her confinement at the time of imprisonment?

False imprisonment requires that the victim be conscious of the confinement at the time of imprisonment.
The restatement modifies this requirement and would find liability for false imprisonment, even when the victim is not aware of the confinement, if the victim is harmed (could be the tiniest/slightest cut/rash/blue spot, giving a pill etc.) by the confinement.

The question on the page originate from the summary of the following study material:

English for Law

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