ANSWERS: 1
  • "The tort of false imprisonment is committed when a person intentionally confines another. Originally confinement was restricted to actual incarceration, but today confinement includes restraint in an open street or in a moving vehicle. The restraint must be more than a mere obstruction of the plaintiff ’s right to go wherever she pleases. Blocking the plaintiff ’s path in one direction only does not constitute confinement as long as alternative routes are available. The doctrine of transferred intent is applicable to this tort. If the defendant, in his intent to confine one person, inadvertently confines another as well, she will be liable to both forfalse imprisonment. What Constitutes Confinement? The plaintiff is not required to subject herself or her property to any risk of harm in an effort to extricate herself from her confinement. Suppose a defendant closes off every exit except one. If the plaintiff can escape only by exposing herself to the possibility of substantial bodily harm, the defendant has confined her. Similarly, if the defendant blocks all doors except one and steals the plaintiff ’s clothing, leaving the plaintiff naked, and the plaintiff can leave only by walking through a room filled with persons of both sexes, the defendant has confined the plaintiff(Restatement [Second] of Torts § 36, illus. 3 and 5).Confinement can be achieved by something less than physical force. If a defendant threatens by his body language alone to harm the plaintiff if the plaintiff tries to escape, he has still confined the plaintiff. Threats need not be aimed directly at the plaintiff, either. If the defendant threatens to harm another if the plaintiff leaves the confinement area, the defendant has committed false imprisonment. Any threats, however, must be of imminent harm. Threats of future harm are not sufficient. Finally, the plaintiff must be aware of her confinement at the time it occurs. If a person does not discover until after her release that she was confined, she cannot claim she was falsely imprisoned" (Edwards and Edwards, 2004). Additionally, to be more exact this information I am sure will also be helpful to you; "The elements of false imprisonment are: words or acts by the defendant intended to confine plaintiff; actual confinement; and awareness by the individual that he/she is being confined. To help determine if false imprisonment has occurred, consider the circumstances of the situation: Did you commit a crime? Were you injured or threatened if you attempted to leave? Were you restrained against your will? Example of False Imprisonment False imprisonment can occur when a store manager believes you have stolen some items from the store and detains you. When detained, you are denied the chance to use the restroom, get water and/or exit the room. This is considered imprisonment. You may be considered ‘falsely imprisoned,’ depending on the period of time you are held, and whether or not you sustain any injuries. What Remedies are Available for People Who are Falsely Imprisoned? A court may order for a writ of habeas corpus and to recover damages for the injury. A writ for habeas corpus is issued by a court to release a party from unlawful restraint. The person falsely imprisoned may sue the offender for damages. Defense for False Imprisonment It is a complete defense to a claim of false imprisonment if the plaintiff was restrained or arrested under legal authority or justification. If the defendant was exercising his/her legal rights and duties, then the restraint or imprisonment was justified. Do I Need an Attorney for my False Imprisonment Issues? If you feel that you may have been injured by being falsely imprisoned, you should contact an attorney experienced in personal injury suits for false imprisonment and /or false arrest. Additionally, an attorney will inform you of your rights and preserve any possible legal remedies you may have." http://www.legalmatch.com/law-library/article/false-imprisonment-lawyers.html Reference: Edwards, L. & Edwards, J. (2004). Tort Law for Paralegal Assistants (3rd ed.). United States, Canada, Britain, Mexico, etc.Thomson Delmar Learning. http://www.legalmatch.com/law-library/article/false-imprisonment-lawyers.html

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