Topic 3 - Trespass to the person (False imprisonment) Flashcards
1
Q
False imprisonment Key elements (3)
A
- D’s intentional or negligent act
- Total restraint of P’s liberty
- Without consent/lawful justification
2
Q
False imprisonment Key issues (5)
A
- There must be a total deprivation of liberty
- What is considered a reasonable means of escape?
- Physical restraint or submission of will of P to D
- Voluntary restraint on liberty?
- Awareness of deprivation of liberty?
3
Q
Total deprivation of liberty
Bird v Jones (1845)
1. Facts
2. Principle
A
- Only partial deprivation of liberty as the P could not go further due to the police officers but he could return back the way he came back from. No False imprisonment claim.
- There must be a total restraint on the liberty of a person in order for there to be false imprisonment, if someone has a means of escaping their confinement, false imprisonment cannot be established. However the means of escape must be reasonable
4
Q
Reasonable means of escape
Burton v Davies [1953]
1. Principle
A
- A means of escape will not be considered when it poses a risk of injury to the plaintiff. Here the plaintiff had no means of escape as the defendant was driving as such a speed that f the plaintiff had jumped out of the car I would have caused her serious injuries.
5
Q
Voluntary deprivation of liberty
Balmain New Ferry Co v Robertson (1906)
1. facts
2. Principle
A
- There was a contract between the ferry company and Mr Robertson where the ferry company agreed to convey Mr Robertson to Balmain in exchange for a penny. Mr R changed his mind and wanted to exit without paying the penny. P took action for false imprisonment and assault/ Appeal by D was allowed.
- There is no false imprisonment where a person has consented to a restraint on liberty
6
Q
Total submission to the will of the defendant
Symes v Mahon [1922]
A
Where confinement is made by psychological barriers rather than physical
