What must a defendant assert in order for confinement to be established?

In establishing confinement in the context of tort law, particularly when discussing false imprisonment, the defendant needs to assert some form of legal authority over the situation. This is crucial because, to prove false imprisonment, the plaintiff must show that their freedom of movement was restricted by the defendant's actions, and the defendant must be able to justify that confinement under the law.

Claiming legal authority indicates that the defendant believed they had the right or power to detain the plaintiff, thereby potentially providing a defense against the claim of false imprisonment. It highlights the notion that if a person acts under a lawful capacity—such as a police officer detaining a suspect—they may not be liable for false imprisonment, as the legal authority justifies the confinement.

In contrast, signaling the plaintiff to stay does not inherently establish the legal parameters of confinement. Having physical custody of the plaintiff is a factor in certain contexts but does not necessarily meet the legal standards required to assert confinement. Likewise, notifying the police is irrelevant to the tort itself; it doesn’t impact whether a lawful authority was claimed or established. Thus, the necessity for the defendant to assert legal authority is foundational to the analysis of confinement in tort law.