Paper Topic:

Research and Writing OPEN M E M O R A N D U M

MEMORANDUM

TO

FROM

DATE

Subject : False Imprisonment case

QUESTION /S PRESENTED

Was Jane arrested and would such an arrest give rise to a cause of action for false imprisonment

BRIEF ANSWER

There is a strong basis to argue that Jane was arrested giving rise to a cause of action for false imprisonment . For there to be arrest , manual restraint is not necessary , there must be its equivalent in some sort of personal coercion . We may not be able to prove the elements of false imprisonment which are

intent to confine , arrest , and consciousness of confinement but we can prove some form of personal coercion . When a store employee detains something of value to a customer and the item detained is something a reasonable person would not leave without , the customer has been detained . We could reasonably argue that the act of Brett in taking Jane 's dog and her purchases to make sure that she would follow him inside the store is tantamount to personal coercion and therefore equivalent to an arrest

STATEMENT OF THE FACTS

Jane Walker went to a local pet store to buy dog food and treats . She brought her mixed-breed dog with her

While in the store , Jane placed a 30-pound bag of dog food (priced at 21 .99 ) in her cart . She then browsed through the aisles looking at toys and treats to buy for her dog . She placed several treats and toys in her cart , including some pigs ' ears (priced at 1 .59 . She...

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