III. False Imprisonment: Taking Charge of Others
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Assault and battery are broad torts: they can be used to cover many different situations, perhaps including ones in which barriers or the threat of force are used to force someone to go where he or she doesn’t want to go, or to keep a person in one place without assent. Yet tort law has evolved a more specific tort to cover that particular set of situations: false imprisonment.
What, if anything, does false imprisonment accomplish as a category that assault and battery cannot? What plausible situations could arise that would test a colloquial notion of what counts as false imprisonment, and how can we best sort those out? Are there “good” imprisonments that can come up in everyday life that should be excused from the tort’s reach?
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1 Show/Hide More III.A. The Clash of Wills Original Creator: Jonathan Zittrain Current Version: emasters-
1.1 Show/Hide More Lopez v. Winchell's Donut House--"The Accused Employee Who Freely Left" Original Creator: Jonathan Zittrain Current Version: emastersShould a defendant be liable for false imprisonment when it did not apply force, use the threat of force, nor assert its authority to confine the plaintiff?
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2 Show/Hide More III.B. Defining 'Confinement' Original Creator: Jonathan Zittrain Current Version: emasters -
3 Show/Hide More III.C. "Good" Imprisonments - Exceptions to False Imprisonment Liability Original Creator: Jonathan Zittrain Current Version: emasters-
3.2 Show/Hide More Bright v. Ailshie--"The Mistaken Bounty Hunter" Original Creator: Jonathan Zittrain Current Version: emastersShould defendants be excused from false imprisonment liability when they mistakenly exercise otherwise-legal restraint on the wrong individual?
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