She only regained her volitional capacity to consent

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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 DO NOT CITE TO THIS B. FALSE IMPRISONMENT RESTATEMENTS §35 False Imprisonment (1) An actor is subject to liability to another for false imprisonment if (a) He acts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
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(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 31
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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.
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