What is False Imprisonment?

False imprisonment is the wrongful detention of a person without that persons consent. The detention does not have to involve physical force.

What Actions Constitute False Imprisonment?

It can involve a threat of physical force or the apprehension of harm for failure to remain in a specific location. The key aspect is that the detained individual must reasonably believe that she cannot leave the detention without unjust repercussions.

• Note: The detention area must be relatively defined.
• Example: This situation often arises when an agent of a retail establishment detains a suspected shoplifter. If the individual is not actually a shoplifter, the detention is wrongful and can constitute false imprisonment.

Related Topics

• Tort Law (Intro)
• What are Torts?
• What are the types of torts?
• What are Intentional Torts?
• Unintentional Tort
• Assault and Battery?
• Intentional Infliction of Emotions Distress?
• Invasion of Privacy?
• False Imprisonment?
• Malicious Prosecution?
• Trespass?
• Conversion?
• Defamation?
• Defenses to Defamation?
• Absolute Privilege
• Defamation and 1st Amendment Considerations?
• Fraud?
• Intentional Interference with Contractual Relations?
• What is Negligence?
• Negligence A Duty of Care?
• Negligence Breach of Duty of Care?
• Causation?
• Cause-in-Fact
• What are common defenses to negligence actions?
• What is Strict Liability?
• Strict Liability Causes of Action Examples
• Strict Products Liability
• What defenses exist to strict product liability actions?
• Compensatory damages?
• Punitive damages?
• Treble Damages