False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort.Learn the difference between the tort and the crime of false imprisonment, the elements of a claim, and how it differs from false arrest and kidnapping. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. A "tort" is the legal term for a wide range of wrongful actions that inflict a loss or harm to a victim. Torts form the basis for tort law. We created this guide of false imprisonment tort examples to illustrate what this grievous wrong looks like in real life. Directly results in a confinement; OR; Indirectly results in a confinement and there is subsequent intent to leave plaintiff there. NOT False Imprisonment. Though mitigation of damages is an affirmative defense, see Instruction ), it is rarely a complete defense.