False Imprisonment

FALSE IMPRISONMENT Meaning: False- un lawful or  • Without lawful excuse or  Without lawful justification  Imprisonment • Bodily restraint/arresting/imprisoning/preventing & The complete restraint of the plaintiff’s freedom of movement. Definition: - False Imprisonment is total restraint of the liberty of the a person for  however short a time without lawful justification.

h is servant) Required to be proved : (False imprisonment + by defendant or his Essential Ingredients 1. Compl Complet etee Depri Deprivat vation ion Of Of Libert Liberty y 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. Th Thee Deten Detentio tion n Must Must Be Be Lawfu Lawfull Complete restraint of liberty must be without any lawful justification. Case Law Robinson Vs Balmain fatty Co. Ltd. Fact -the plaint plaintiff iff entere entered d the defend defendant ant’s ’s wharf wharf after after paying paying the requis requisite ite entry 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 available for twenty twenty minutes. minutes. The plaintiff  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. Kn Knowl owled edge ge Of Of The The Plai Plainti ntiff  ff  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 defendant’s company office, where he was kept under guard. Decision- The defendant company was held liable for False Imprisonment.