Q3.OK,
so we can't require a person to escape through means unknown to him,
but what about this? Suppose the nursing home administrator puts Newman
in a room on the fourth floor of the nursing home with a locked door and
open, unscreened, unbarred windows. Mr. Newman knows that if he carefully
steps out the window and onto a twelve-inch ledge, he can make his way to
the fire escape and then get to the ground and freedom. Is Mr. Newman
restrained? (Choose the
best answer)
This is still restraint
because Mr. Newman should not have to risk his life to escape.
.
This is not restraint
because Mr. Newman knows there is a way out.
This is not restraint if
the average, able- bodied person could do what was needed to escape.
This is restraint
because Mr. Newman would then be liable for trespass if he were in an
unauthorized area.
Question 3
