Thursday, February 28, 2013

MBE Fast Fact: False Imprisonment

General Rule:

The general rule to note about false imprisonment on the MBE is that a person is subject to liability to another for false imprisonment if (1): he acts intending to confine a person within fixed boundaries, and his act directly results in such confinement, and (2): the person who is confined either is conscious of the confinement or is harmed by the confinement.


The requirement that a person is conscious of the confinement or harmed by the confinement does not apply if the confinement is of a child or mentally incompetent person. In such instances, one may be liable for false imprisonment even if the confined person is completely unaware of the confinement.

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