Torts Mindmap: False Imprisonment

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4 Terms

1
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What is False Imprisonment?

Unlawful restraint by one person of the physical liberty of another (any period of such restraint, no matter how brief, is sufficient)

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Elements of False Imprisonment

  • Act

  • Intent to confine

  • Confinement does occur

  • Have to be contemporaneously conscious or harmed by the confinement

  • Without justification


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Element of False Imprisonment: Intent to confine (corresponding case?)

Purposeful/conscious desire OR substantial certainty

Green v. Donroe

4
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Element of False Imprisonment: Confinement does occur (corresponding case?)

  • Confinement requires COMPLETE confinement (Illaraza v. Hovensa)

  • Time component: Time is immaterial; short amounts of time are fine

  • Fraud is enough for confinement