I. INTENTIONAL TORTS: TO PERSON
(3) False Imprisonment
- FALSE IMPRISONMENT:
- (1) Sufficient Act of Restraint
- (2) to a Bounded Area
- Substantial certainty certain consequences will result.
- Substantial factor in bringing about result.
- Sufficient Act of Restraint:
- Threats are enough. Do not need actual force.
- Inaction is enough IF understanding D would take action.
- Time Period: Even very short time (30 sec) is sufficient.
- Knowledge: P must know of confinement UNLESS actual injury results from confinement.
(i) reasonable belief as to theft, (ii) reasonable manner of detention, (iii) detention for a reasonable period of time.
- Bounded Area:
- P's freedom of movement in all directions is limited.
- Not Bounded Area:
- (i) reasonable means of escape, AND
- (ii) P knows of it.
If FI fails, consider IIED.