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1 Cards in this Set
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Rule for False Imprisonment
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False imprisonment is the intentional, unconsented confinement without an obvious reasonable exit or reasonable way to escape within boundaries fixed by the D as a result of the D’s unlawful use of force, threat of force, or assertion of legal authority which results in harm to the plaintiff or knowledge by the plaintiff of the confinement.
1. Intent to confine 2. Unconsented confinement within boundaries fixed by the D, without an obvious reasonable exit or reasonable way to escape 3. By unreasonable force, threat of force or assertion of legal authority 4. Harm to the plaintiff or knowledge by the plaintiff of the confinement Tips for False Imprisonment Confinement can be mobile Can occur if D exercises control over P’s property if P stays with the property Moral and economic coercion are normally insufficient The claim still can exist even if the duration of the confinement is short |
