CLIENT LETTER
ABC Law LLP
111 ABC Street
Saskatoon, SK
SIS ISI
Date: 3rd March 2020
Andrea Doe
222 Andrea Doe Street
Saskatoon, SK S2S 2S2
RE: FALSE IMPRISONMENT CLAIM
Dear Andrea,
Pursuant to the prior discussion we held on 16th February 2020 involving the false imprisonment claim at Hudson’s Bay Company, this letter is to confirm that you have a strong case in the claim. This letter contains the reasons as to why you have higher chances of having a jury rule on your favor and also address the possible next steps that can be taken in regards to the same.
After assessing your situation as per the facts given, it is clear that the threshold when proving a false imprisonment claim was met. The consensus in this case is that the employee would have the defense of lawful justification for the imprisonment if he could prove that theft had in fact been committed and that he had reasonable grounds to suspect it as you. However, evidence showed that nothing was stolen that day.
When tackling a case on false imprisonment, the issues that are often raised include; whether there was total deprivation of liberty, whether the deprivation was against ones will, whether the deprivation was caused by the defendant and whether the liability, if any, can be extended vicariously to include the Company which in this case, Hudson’s Bay Company. As per your case, the four elements have been met.
For the first element of total deprivation of liberty, the act of David the defendant, asking you to follow him gave no choice but compliance. The law provides that, if a person reasonably feels totally restrained, however that result is obtained, it amounts to imprisonment. In the event where the defendant might raise a claim that you were not totally deprived of your liberty since you could have escaped, his argument would fail since the law (Justice Kovach) rejected the idea that it is necessary for the plaintiff to attempt escape for them to maintain an action in false imprisonment.
The second element on deprivation of liberty against your will might be rebutted by the defendant since you voluntarily complied. However, the law (Maher) establishes the rule that “where a person understands himself or herself to be suspected or accused of actions which may give rise to a charge, and goes voluntarily to meet the charge and to facilitate the investigation…there is a detention within the requirements of false imprisonment.”
For the third and fourth elements respectively, it is obvious, as per the facts given, that David caused the deprivation of your right to liberty. The fourth element shall be guided by the rule that states; where an individual is acting on behalf of an employer, the employer will also be held responsible. For that reason, If David’s actions are found to constitute false imprisonment, then the Bay will almost certainly be held liable as well. Further, a person authorized by the owner of the Bay would only have been authorized to arrest you if you had been committing a crime. Since it was later proven that you were not shoplifting, the arrest would be deemed false and his defenses would fail.
However, it should be understood that, as much as there were injuries suffered like missing your final exam and being deprived of your liberty, the damages are quite minimal therefore would attract an average of $5000. The cost of a trial would vastly exceed that. Nevertheless, the Bay might be interested in settling the matter pretrial in which case your chances for financial recovery might increase.
Pursuant to the foregoing statements above, it would be prudent for us to hold a meeting so that I can provide further clarifications on the same and discuss the way forward. I am looking forward to a reply as soon as possible so that we can conclude this matter in a timely manner.
If you decide to proceed with this claim, kindly review the facts of the case once more and correct any errors if any to avoid any discrepancies.
Sincerely
______________
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