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Case - Essay Example

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False imprisonment according to law is the unlawful and intentional physical detaining of one person by another thereby denying that person liberty to move (Statsky 55). This however has to be qualified with the reasons for the above detention and also what the intention of the…
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Download file to see previous pages... The action the farmer took to detain him while calling and waiting for the sheriff does not qualify the case to be classified under false imprisonment. The farmer detained the plaintiff in order to go and call the sheriff who was to act as a judge in this particular situation hence no false imprisonment.
The law applied in this scenario is the tort law of false imprisonment. This law protects personal interests when it comes to freedom against restraint of movement. According to this tort, the plaintiff must be confined consciously and within boundaries. For it to however qualify as a false imprisonment, force must have been used and improper assertion of legal authority (Statsky 51).
This case is similar to that of Herbst because in both cases, the detention of the plaintiffs was done as an effort to enable the defendant call the authority to solve the case prior to the detention of the plaintiffs. Before the detention, the plaintiffs in both cases were informed of the reason for the detention and what action was to be taken.
In both cases also, the plaintiffs had invaded private property without announcing themselves first and without any permission hence according to the law, they were trespassing and therefore deserved to be detained by the owners of the properties pending further legal action by law enforcers (Statsky 52).
The case is however different from that of Dupler. This is because Dupler had been given prior warning of the decision she was going to make after being relieved of the duties at the firm. She had been given a dichotomous answer and the refusal to resign led her to be sacked (Statsky 50).
It is also different in that her detainers were her former boss and workmates and not strangers and she had not trespassed any property like the situation with the above mentioned two cases. Unlike the other two scenarios before, Dupler had been ...Download file to see next pagesRead More
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