Examples Of False Imprisonment

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False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort as trespass to a person.False Imprisonment has been defined as the total restraint of the liberty of a person. The word ‘false’ means ‘erroneous’ or ‘wrong’. It is a tort of strict liability and the plaintiff has not to prove fault on part of the defendant. It safeguards the right to freedom of a person so that they may be able to move without restraint. The tort of false imprisonment dates to the very early days of common law and is characterised by various elements. Since it has been in place for so long there are many cases about it, some of which have shed light on its peculiar aspects. The…show more content…
i) Though and Thug meet Milquetoast a hiker and a nature lover, on a grassy hill, with a view of sixty miles in each direction. Furious that Milquetoast won the school spelling bee, they order him to sit down on the grass and stay put, threatening to beat him to a pulp if he moves. Milquetoast sits. After seven minutes of Milquetoast enjoying the view from sitting down on the grass, they let him go. Can Milquetoast sue for false imprisonment? According to me yes, Milquetoast can sue for the tort of false imprisonment because a) even though Milquetoast is confined on a grass hill with a sixty-mile view, his freedom of movement is restricted against his will. The area does not have to have walls. b) As stated in previous paragraphs time is immaterial, this means that whether he was detained for seven minutes or seven days, it does not matter for the liability of the tort even though the extent of damages awarded may be reduced. Also, all the elements that were mentioned in the above paragraphs are consistent with the case. ii) Reggie, a store security officer, sees Li walking out of the store with four pairs of Levis, which have security tags attached to them. (The ones which are generally removed at the billing counter when the items are rung up.) He asks Li if he can examine the bags. Li gives the bag of Levis to Reggie, who then announces that Li will have to come to the office to discuss the matter. Li did not want to part with his Levis and goes along. In the office he is interrogated by the manager for twenty minutes before he is allowed to leave. Could Li sue for false imprisonment after it was established that Li was not a shoplifter and the clerk had failed to remove the tags after the billing? I believe that in this case the tort of false imprisonment will not apply and Li will not be able to sue even though he was coerced into the detainment in the office by confiscation of

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