False Imprisonment Flashcards
1
Q
Define false imprisonment. And 2 essential elements
A
Imposition of total restraint for some period however short upon the liberty of another without sufficient lawful justification.
- Total restraint on liberty of a person
2 . Unlawful detention
2
Q
Total restraint on libertybof person- 4 key points
A
- Total not partial
BIRD vs JONES – conrdoned off for boat race. Stood there for 30 min - No reasonable means of escape was available. Window w/o grid ground floor
- Show of authority to which one submits - headmaster asks boy to sit in a room until his parents pay fees
4 knowledge of defendant important than palintiff
MERRING vs GRAHAM WHITE AVIATION- lord Atkin- asleep, drunk, unconscious
3
Q
Merring vs Graham white aviation
A
Lord atkin - A man might be imprisoned while he is asleep , drunk, unconscious, lunatic
4
Q
When can detention not be unawful without a warrant
A
- Assisting the police officer in apprehending an offender
- Shopkeepers privilege - retail theft
- Citizens privilege- sec 43 of crpc,, cognizable, non bailable , proclaimed offender
- Fiduciary relationship- parent grounding
- Voluntary consent - trade union consenting to locking of factory gates during working hours
5
Q
Remedies for unlawful imprisonment
A
- Damage - inconvenience, loss of time, mental injury
2 self help - Habeas corpus
