Trespass To The Person

Question 1

What is false imprisonment?

Answer 1

An act that directly and intentionally placed a total restraint upon the claimants freedom of movement without lawful justification

Question 2

Walker v MPC

Answer 2

Police investigating a domestic abuse claim, 1 officer stands in the doorway so walker can’t leave.
C was awarded £5, it was false imprisonment for a short time but time doesn’t matter

Question 3

Wright v Wilson (1996)

Answer 3

C couldn’t go through police barricade and only other option was to trespass on someone else’s land.
Not false imprisonment as there was another route

Question 4

Herring v Boyle (1834)

Answer 4

10yr old at boarding school, mum tries to surprise him by coming to take him home but school wouldn’t let him leave. Court said it wasn’t false imprisonment because he wasn’t aware

Question 5

What did we learn from meering v Grahame-white aviation (1919)

Answer 5

The claimant doesn’t have to be aware at the time that they were imprisoned but it may affect compensation

Question 6

Defences to False imprisonment?

Answer 6

Volenti non fit injura.

Mistaken arrest - only applies to police

Lawful arrest

Question 7

HSU & Thompson v MPC (1996)

Answer 7

False imprisonment as clearly wasn’t a lawful arrest; the police used unreasonable force (tearing hair out, punching)

Question 8

White v WP Brown (1983)

Answer 8

72yr old woman wrongly suspected of stealing was locked in a changing room by store manager for 15 minutes and detained by police for 2 hours.

Question 9

What is necessary for a citizens arrest?

Answer 9

Person doing the arrest must have total knowledge that the person committed and indictable crime and must ring the police straight away.

Question 10

What are the rules of Wilkinson v Downtown?

Answer 10

1) outrageous or extreme conduct
2) intention to cause nervous shock
3) conduct causation

Question 11

What happened in Wilkinson v Downtown (1897)?

Answer 11

Wife of pub land lord was left in charge and a friend said he was in a crash and died. She was so shocked she died.

Question 12

C v D (2006)?

Answer 12

Headmaster was perving in young boys in his school and caused one of them to have depression. Not liable as no intention to cause shock (intention was to perv)

Question 13

What act do we use for harassment?

Answer 13

Protection from harassment act 1997

Question 14

What sort of behaviours are harassment?

Answer 14

Stalking, bullying, sexual harassment etc…

Question 15

Ferguson v British Gas (2009)

Answer 15

C was a former customer of D, they kept sending her letters threatening a court order if she didn’t pay them but she didn’t owe them any money.
Court said it was harassment