She only regained her volitional capacity to consent

She “only regained her
volitional capacity to
consent” after 3 days
of program.
RULE: B
EHAVIOR
CAN IMPLY
CONSENT TO THE
SITUATION AND
YOU HAVE A
REASONABLE
MEANS TO ESCAPE
,
THEN YOU ARE
NOT COMPLETE
CONFINED
RULE: C
ONSENT
AT ANY POINT
RELEASES
LIABILITY
Possibly a bad rule. Ct
seems sympathetic to
parents. Really rely on
her being able to move
somewhat freely. DO
NOT CITE TO THIS
B. FALSE IMPRISONMENT RESTATEMENTS
§35 False Imprisonment
(1) An actor is subject to liability to another for false imprisonment if
(a) He acts intending to confine the other or a third person within boundaries
fixed by the actor, and
(b) His act directly or indirectly results in such a confinement of the other, and
(c) The other is conscious of the confinement or harmed by it.
(2) An act which is not done with the intention stated in Subsection (1, a) does not
make the actor liable to the other for a merely transitory or otherwise harmless
confinement, although the act involves an unreasonable risk of imposing it
and therefore would be negligent or reckless if the risk threatened bodily
harm.
§36 What Constitutes Confinement
(1) To make the actor liable for false imprisonment, the other’s confinement
within the boundaries fixed by the actor must be complete.
30

(2) The confinement is complete although there is a reasonable means of escape,
unless the other knows of it.
(3) The actor does not become liable for false imprisonment by intentionally
preventing another from going in a particular direction in which he has a right
or privilege to go.
§38 Confinement by Physical Barriers
The confinement may be actual or apparent physical barriers.
§119 p. 60 illustrations
§45A Instigating or Participating in False Imprisonment
One who instigates or participates in the unlawful confinement of another is
subject to liability to the other for false imprisonment.
INSTIGATION- If the confinement is unprivileged, the one who instigates it is
subject to liability to the person confined for the false imprisonment. Instigation
consists of words or acts which direct, request, invite or encourage the false
imprisonment itself.
V. ASSAULT p. 64 - 70
A. ASSAULT CASES
Case Facts Rule Notes
RULE:
1. Intent to
contact or
intent to
cause
imminent
apprehensio
n of harmful
contact
2. Contact is
offensive or
harmful
AND
3. The person
is put in
imminent
apprehensio
n of contact
No intention= no
assault
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Victim HAS TO BE
AWARE
Bower v Ackerly
p. 66
P convinced city to take
down D’s billboards.
Defendant starts
threatening Plaintiff
over the phone. Plaintiff
says they caused him to
be in terror and panic
The threat must be of
imminent harm. “The
immediate physical
threat which is
important, rather than
the manner in which it
is conveyed.”
RULE:
T
HREATENING
PHONE CALLS
CANNOT CONSTITUTE
ASSAULT
. Y
OU MUST
BE IN IMMINENT
APPREHENSION OF
OFFENSIVE CONTACT
RULE: I
MMINENT
MEANS IMMEDIATE
The phone calls were
not enough for
immediate fear.