Although nothing at all had been stolen, the store detective thought Al and Ed had stolen some records. After they exited from the store, the detective said to both of them, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested, Al just hurried off and drove away. Ed felt compelled to submit to the detective. After some time the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true?

Question

Quizplus · Accepted Answer

False imprisonment occurs when a person is confined within a fixed area without justification or consent. Although Al fled the scene, Ed felt compelled to submit to the detective's orders and therefore was falsely imprisoned. Therefore, only Ed has a cause of action for false imprisonment. Al cannot sue because he voluntarily left the scene. Option A is incorrect as it asserts both parties could sue, while only Ed has a valid claim. Option B is incorrect because the tort of false imprisonment does not require false accusation of crime. Option C is incorrect because there was no physical contact or threat of physical contact by the detective. Option D is incorrect because confinement need not occur in a closed space.

Although Nothing at All Had Been Stolen, the Store Detective