Torts - Intentional Tort #3: False Imprisonment

False imprisonment elements

1. Volitional act

2. Intent (purpose or knowledge) to confine within the fixed boundaries

3. Causes confinement

4. Harm (physical harm or awareness of confinement)

Scott rule (majority)

Parents of adult children confine them at their own risk of being held liable for a tort.

Peterson rule (minority)

Parents of adult children have the privilege to confine when the child’s judgment is impaired, and at some juncture, assents to the confinement in question.

_______ is irrelevant to the intent to confine.

Motive

Confinement definition

To be stuck within fixed boundaries with no reasonable means of escape

Confinement requires fixed boundaries, which means one is stuck within (1)_______, not simply being (2)_______ from a particular space.

1. borders

2. restricted

A reasonable means of escape provides that no (1) _______ or (2)_______ harm is done to the victim as they escape.

1. physical

2. dignitary

Confinement can come about through . . .

. . . physical barriers/restraint.

. . . threats or implied threats of physical force.

In order for one to successfully win on a claim of false imprisonment due to threats of force, they must demonstrate that . . .

. . . the threat was imminent; AND

. . . the threatener had the intention and ability to apply it.

If one is being falsely imprisoned by threats of force, the threatener (1) DOES/DOES NOT (pick one) need to be able to (2) _______ apply the force. Intent and (3) _______ are sufficient.

1. DOES NOT

2. successfully

3. ability

The length of confinement is RELEVANT/IRRELEVANT (pick one) to false imprisonment.

IRRELEVANT

Shopkeeper’s privilege

A shopkeeper who has reasonable grounds to believe a person has shoplifted can detain that person within reasonable means for a reasonable length of time.

What are reasonable grounds under the shopkeeper’s privilege for false imprisonment?

Anything that would give the shopkeeper probable cause (i.e., more likely than not) to believe that the customer was shoplifting

What are reasonable means under the shopkeeper’s privilege for false imprisonment?

If the person was detained in a reasonable (dignified) way

What is a reasonable length of time under the shopkeeper’s privilege for false imprisonment?

Typically interpreted to mean once the investigation regarding the shoplifting is over or when the police arrive