Intentional torts - False imprisonment

Learning Outcomes

After reading this article, you will be able to identify and apply the elements of false imprisonment, distinguish sufficient and insufficient methods of confinement, and analyze common defenses. You will be prepared to answer MBE questions on intentional torts involving personal liberty, including recognizing exam traps and applying the correct legal standards.

MBE Syllabus

For MBE, you are required to understand the law of intentional torts involving personal liberty. This article covers:

  • The definition and elements of false imprisonment.
  • What constitutes confinement or restraint.
  • Sufficient and insufficient methods of confinement.
  • The requirement of intent and causation.
  • Defenses to false imprisonment, including consent and privilege.
  • The role of damages and awareness of confinement.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is NOT a sufficient method of confinement for false imprisonment?
    1. Locking someone in a room.
    2. Threatening to harm their property if they leave.
    3. Telling someone you will dislike them if they leave.
    4. Physically restraining them.
  2. For false imprisonment, the plaintiff must show:
    1. Actual physical force was used.
    2. The defendant intended to confine the plaintiff.
    3. The plaintiff suffered physical injury.
    4. The defendant acted negligently.
  3. A shopkeeper detains a suspected shoplifter for 10 minutes in a reasonable manner after seeing them conceal goods. Is this likely false imprisonment?
    1. Yes, because any detention is actionable.
    2. Yes, unless the shopkeeper was correct about the theft.
    3. No, if the detention was reasonable in time and manner.
    4. No, unless the shopkeeper used physical force.

Introduction

False imprisonment is an intentional tort that protects a person's right to freedom of movement. It occurs when one person intentionally confines another within fixed boundaries, and the victim is aware of or harmed by the confinement. This tort is frequently tested on the MBE, often in scenarios involving threats, shopkeeper detentions, or mistaken confinement.

Key Term: False Imprisonment The intentional confinement of a person within fixed boundaries by another, without lawful justification, and with the victim's awareness or resulting harm.

Elements of False Imprisonment

To establish false imprisonment, the plaintiff must prove:

  1. The defendant committed an act (or omission) that confined or restrained the plaintiff to a bounded area.
  2. The defendant intended to confine or restrain the plaintiff.
  3. The plaintiff was aware of the confinement or suffered harm.
  4. The defendant's act caused the confinement.

Key Term: Bounded Area An area where the plaintiff's freedom of movement in all directions is limited, with no reasonable means of escape known to the plaintiff.

Methods of Confinement

Confinement can be achieved by various means. The following are sufficient:

  • Physical barriers (e.g., locked doors).
  • Physical force or restraint.
  • Direct or indirect threats of force (to the person, family, or property).
  • Failure to provide a means of escape when under a duty to do so (e.g., refusing to open a door).

Key Term: Threat of Force A communicated threat that would make a reasonable person believe they will suffer harm if they attempt to leave.

Insufficient Methods

Not all forms of pressure amount to false imprisonment:

  • Moral pressure (e.g., "I will be upset if you leave").
  • Future threats ("If you leave, I will do something tomorrow").
  • Plaintiff's voluntary submission to authority without threat or force.

Awareness and Harm

The plaintiff must either be aware of the confinement at the time or suffer actual harm as a result. If the plaintiff is unconscious and unharmed, there is no false imprisonment.

Intent and Causation

The defendant must intend to confine the plaintiff. Mistake as to the lawfulness of the act is not a defense. Transferred intent applies—if the defendant intends to confine one person but confines another, liability still arises.

Key Term: Transferred Intent The principle that intent to commit one intentional tort can satisfy the intent requirement for another, or for a different victim.

Defenses to False Imprisonment

Several defenses may defeat a claim:

  • Consent: If the plaintiff consented to the confinement, there is no liability.
  • Legal authority: Arrests made with proper authority are privileged.
  • Shopkeeper's privilege: A shopkeeper may detain a suspected shoplifter for a reasonable time and in a reasonable manner if there is a reasonable belief of theft.

Key Term: Shopkeeper's Privilege The right of a merchant to detain a suspected shoplifter on store premises for a reasonable period and in a reasonable manner.

Damages

Actual damages are not required for liability. Nominal damages are available even if the plaintiff suffers no actual harm. Punitive damages may be awarded if the defendant acted with malice.

Worked Example 1.1

A security guard locks a customer in a store room for 20 minutes after suspecting theft, but uses no force or threats. The customer is aware and asks to leave, but is refused.

Answer: This is false imprisonment. The guard intentionally confined the customer to a bounded area without legal authority, and the customer was aware of the confinement.

Worked Example 1.2

A bus driver forgets a sleeping passenger and locks the bus overnight. The passenger wakes up in the morning and is unharmed.

Answer: There is no false imprisonment unless the passenger was aware of the confinement at the time or suffered harm as a result.

Worked Example 1.3

A shopkeeper detains a customer for 5 minutes after seeing them conceal merchandise, asks questions, and releases them when satisfied.

Answer: This is not false imprisonment if the detention was based on reasonable suspicion, conducted in a reasonable manner, and for a reasonable time.

Exam Warning

Be careful: Threats must be of immediate harm. Moral pressure or vague threats about future consequences do not amount to false imprisonment.

Revision Tip

Always check if the plaintiff had a reasonable means of escape known to them. If so, there is no confinement.

Key Point Checklist

This article has covered the following key knowledge points:

  • False imprisonment requires intentional confinement within fixed boundaries.
  • Confinement may be by physical barriers, force, or threats.
  • Moral pressure and future threats are not sufficient.
  • Plaintiff must be aware of the confinement or suffer harm.
  • Intent and causation are required; transferred intent applies.
  • Defenses include consent, legal authority, and shopkeeper's privilege.
  • Actual damages are not required; nominal damages are available.

Key Terms and Concepts

  • False Imprisonment
  • Bounded Area
  • Threat of Force
  • Transferred Intent
  • Shopkeeper's Privilege
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