TRESPASS TO PERSON- FALSE IMPRISONMENT

Question 1

FALSE IMPRISONMENT IS…

Answer 1

AN ACT THAT DIRECTLY AND INTENTIONALLY PLACES A TOTAL RESTRAINT ON A PERSONS WILL OF MOVEMENT WITHOUT LAWFUL JUSTIFICATION.
ITS A STRICT LIABILITY TORT

Question 2

ELEMENTS REQUIRED

Answer 2

• TOTAL RESTRAINT
• KNOWLEDGE OF THE RESTRAINT
• RESTRAINT MUST BE UNLAWFUL
• INTENTION (arguable)

Question 3

TOTAL RESTRAINT

Answer 3

THE CLAIMANT MUST BE TOTALLY RESTRAINED OR IMPRISONED, IF THERE IS A REASONABLE MEANS OF ESCAPE THERE CAN BE NO FALSE IMPRISONMENT
PERSON MUST BE CONFINED WITHIN A BOUNDARY THAT CAN EITHER BE A PHYSICAL BOUNDARY OR VERBAL THREAT

(BIRD V JONES)

Question 4

KNOWLEDGE OF THE RESTRAINT

Answer 4

ITS POSSIBLE TO BE FALSELY IMPRISONED IF THEY ARE ASLEEP OR DRUNK AT THE TIME OF THE DETENTION OR RESTRAINT
BUT ITS NOT ALWAYS THE CASE

Question 5

ITS POSSIBLE TO BE FALSELY IMPRISONED IF THEY ARE ASLEEP OR DRUNK AT THE TIME OF THE DETENTION OR RESTRAINT…

BUT ITS NOT ALWAYS THE CASE…

Answer 5

(HERRING V BOYLE)

Question 6

KNOWLEDGE OF RESTRAINT WAS SAID NOT TO BE AN ESSENTIAL ELEMENT OF THE TORT IN…

…AND APPROVED IN

Answer 6

(MEERING V GRAHAME WHITE AVIATION)
… (MURRAY V MINISTRY OF DEFENCE)

Question 6

statutes and common law defines or hints what it is

LAWFUL RESTRAINT

Answer 6

SOME STATUTES AND COMMON LAW ALLOW FOR LAWFUL DETENTION OF PEOPLE. IF THE PROCEDURES SET OUT ARE FOLLOWED THERE IS NO FALSE IMPRISONMENT.

(PACE 1984) ARREST MUST BE CARRIED OUT WITH REASONABLE FORCE ONLY UNLIKE IN
…(TREADWAY V CHIEF CONSTABLE OF WEST MIDLANDS)

ARREST MUST BE TOLD IN CLEAR TERMS AND THIS IS FLEXIBLY APPLIED
… (MURRAY V MINISTRY OF DEFENCE) AND (CHRISTIE V LEACHINSKY)
(KANDAWALA V CONSTABULARY CAMBRIDGESHIRE)

Question 7

INTENTION

Answer 7

LAW RELATING TO INTENTION IS INCONSISTENT BUT CURRENT CASE LAW SEEMS TO SUGGEST IT IS NOT REQUIRED.
(R V GOVERNOR OF HER MAJESTYS PRISON BROCKHILL)

Question 8

INTENTION WAS AN ESSENTIAL ELEMENT IN…

Answer 8

(SAYERS V HARLOW URBAN DISTRICT COUNCIL)