What is the definition of "false imprisonment" in tort law?

Prepare for the Torts Restatement Test with comprehensive flashcards and insightful multiple-choice questions. Each query is equipped with hints and detailed explanations to aid your understanding. Gear up for your assessment!

The correct definition of "false imprisonment" in tort law is the unlawful restraint of a person without legal justification. This means that for an act to constitute false imprisonment, the restraint must occur without the individual's consent and must not be legally justified. It typically involves the use of physical barriers, threats of force, or other means that effectively prevent the individual from leaving a confined space.

In the context of tort law, the essence of false imprisonment lies in the violation of a person's right to freedom of movement and autonomy. The law recognizes that every individual has the right to move freely without being restricted by another person's actions unlawfully.

The other choices do not accurately capture the legal definition of false imprisonment:

  • Restraint with consent does not qualify as false imprisonment, as the essence of the tort is its non-consensual nature.

  • Holding someone in a locked area for safety implies a legal justification or rationale, which distances it from the definition of false imprisonment.

  • Detaining someone with a warrant involves legal authority and justification, which again means it cannot be classified as false imprisonment under tort law.

Thus, the definition that best aligns with the principles of false imprisonment is the unlawful restraint without legal justification, highlighting the violation of personal freedom.

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