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False Imprisonment

This lesson explores the intentional tort of false imprisonment. Beginning with identification of the interest the tort protects, the questions become more and more challenging as they explore the nature of the confinement necessary and appropriate damages. Since the greatest use of the tort today probably is in arrest for shoplifting, the lesson includes a tightly fact-bound question about a person detained for shoplifting. The lesson concludes with false imprisonment in two tough situations: religious deprogramming and nursing home confinement.

Learning Outcomes

On completion of the lesson, students will be able to:

  1. Discuss the elements of the tort of false imprisonment.
  2. Analyze the issues of whether the person imprisoned must be aware of the confinement at the time.
  3. Define the element of confinement.
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