« on: December 20, 2006, 12:32:09 PM »
However, if Mike is blocking John's path to the door, then why would John have to attempt to find a reasonable way to escape. There is no other way out, therefore, for John to escape, he has to go through Mike, if Mike is blocking the door. If not, then yes John would probably have to at least try the door. However, there are other factors that we do not know. What is the size differential between Mike and John. Clearly, if Mike looks like Ving Rames and John looks like Gary Coleman, then John could make an argument that he was in reasonable fear of physical retribution if he tried to escape, especially if there were some sort of heated confrontation which preceded being locked in the room. Also, if its shopkeeper's privilege, then there is no good faith exception. If the alleged shoplifter did not actually shoplift, then the shopkeeper is on the hook for FI. Therefore I'd like to amend my original answer to a resounding maybe. If this were an essay, I think it would probably be useful to argue both points as the facts that are given are not clear. I would probably do the whole "It could be a false imprisonment cause of action because...; on the other hand, it might not be because..."