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  • False Imprisonment

    Transféré par

    DrGaurav Kataria
    375 vues2 pages
    False imprisonment involves the unlawful and complete restraint of a person's freedom of movement without justification. It has three essential elements: 1. There must be a complete deprivation of liberty, not just restriction of one path. If another path is open, there is no false imprisonment. 2. The detention must be unlawful and without lawful justification such as a court order. Paying entry/exit fees for a ferry does not constitute false imprisonment. 3. The plaintiff does not need to know they are being detained for it to be considered false imprisonment, such as being escorted under guard to an office for suspected theft.

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    False imprisonment involves the unlawful and complete restraint of a person's freedom of movement without justification. It has three essential elements: 1. There must be a complete deprivation of liberty, not just restriction of one path. If another path is open, there is no false imprisonment. 2. The detention must be unlawful and without lawful justification such as a court order. Paying entry/exit fees for a ferry does not constitute false imprisonment. 3. The plaintiff does not need to know they are being detained for it to be considered false imprisonment, such as being escorted under guard to an office for suspected theft.

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    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    375 vues2 pages

    False Imprisonment

    Transféré par

    DrGaurav Kataria
    False imprisonment involves the unlawful and complete restraint of a person's freedom of movement without justification. It has three essential elements: 1. There must be a complete deprivation of liberty, not just restriction of one path. If another path is open, there is no false imprisonment. 2. The detention must be unlawful and without lawful justification such as a court order. Paying entry/exit fees for a ferry does not constitute false imprisonment. 3. The plaintiff does not need to know they are being detained for it to be considered false imprisonment, such as being escorted under guard to an office for suspected theft.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 2

    FALSE IMPRISONMENT

    Meaning: False- un lawful or Without lawful excuse or Without lawful justification ImprisonmentBodily restraint/arresting/imprisoning/preventing & The complete restraint of the plaintiffs freedom of movement. Definition: - False Imprisonment is total restraint of the liberty of the a person for however short a time without lawful justification. Required to be proved: (False imprisonment + by defendant or his servant) Essential Ingredients 1. Complete Deprivation Of Liberty It is necessary to constitute a tort of wrongful confinement. If one direction by one path has been closed for him, but another is open, there is no false Imprisonment. Case LawBird Vs Jones Fact- In this case a portion of a bridge , generally used of a footway was appropriate for seat to witness a boat race. The plaintiff wanted to pass the bridge. The plaintiff was asked to go back into the carriage way and process to the other side of the bridge. He refused to do so and remained where he was obstructed about half an hour . Decision- It was held that there was no False Imprisonment 2. The Detention Must Be Lawful Complete restraint of liberty must be without any lawful justification. Case Law Robinson Vs Balmain fatty Co. Ltd. Fact-the plaintiff entered the defendants wharf after paying the requisite entry charges with a view to cross the river by one of the ferryboat of the defendant. A boat was just gone and no other boat was available for twenty minutes. The plaintiff wished to leave and was asked to go toward the exit and was asked to pay the requisite charge for exit stated on a notice board. He was not allowed to go unless he paid exit charge. Decision- it was held that the defendants were not liable for False Imprisonment. 3. Knowledge Of The Plaintiff It is not necessary that the Plaintiff should know that he has been detained. Case Law Meering vs Grahame White Aviation Co. Ltd. Fact- The plaintiff suspected of theft, was asked by two police officer to accompany them to the defendants company office, where he was kept under guard. Decision- The defendant company was held liable for False Imprisonment.

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