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Business Law: Involuntary Restraint Assignment
Analyzing Freda Forts Case with IRAC Rule
Issue
Freda Ford brought her VW to be renewed with some repair at the Thrifty store. She assumed that the maximum she might have to pay for the repair would be $50. However, when she returned the next day, the total bill was $3000 with the engine replacement and transmission changes. She was shocked. She wanted to have a dialogue with the manager to re-think the charges. The Thrifty mechanics got infuriated. After chanting together for demanding their money for all the hard work, Freda wanted her car back. Thrifty staff did not want Freda to get away with her car, stood in between, and threatened about the upcoming legal trouble if she did not pay. Freda found herself in hot waters for at least twenty minutes, after which, she concluded to run away. The staff kept running after her, shouting to come back and pay.
Rule
The false imprisonment rule states that there should be an expression of threat or at least implied threat forcefully[footnoteRef:1]. The deprivation of liberty to leave the place and being kept without a persons will are some of the factors that lead to false imprisonment. Although actual physical force is not applied, Freda seemed to be under verbal threat. Still,...…false imprisonment which Freda wanted the court to have a look at. It is deduced that despite not applying physical force, such as grabbing Freda by hand or arm to stop her from leaving the shop, there was an implied force and expression of threat. She was deprived of the freedom to go out without paying her bills. The restraining was sustained for twenty long minutes and Freda appeared helpless. She did not how to get herself out of the situation. Her abrupt running out of the store was the reaction that came out of the induction of unreasonable verbal force from Thrifty stores staff.
Bibliography
"Hoffman vs. Clinic Hospital…
Bibliography
"Hoffman vs. Clinic Hospital Inc." Supreme Court of North Carolina. 1938.
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