Law, History, Art, Culture  And News   From Around The World 🌎
Law, History, Art, Culture And News From Around The World 🌎
February 15, 2025 at 08:00 PM
*False Imprisonment* _What is it?_ It is a wrong in tort law (law to do with a wrong committed against another person or their property). It falls under what is known as TRESPASS to PERSON. By TRESPASS to PERSON it means that there is an invasion of personal space oor body without prior permission. Having understood that, false imprisonment can be better explained as restraining of someone's freedom of movement without their consent. We can further define it as restraint without lawful authorisation. It is essentially the tort of either directly holding a victim in one place, or else creating a set of circumstances that prevents the victim from leaving. No harm is required before this tort becomes actionable. Indeed, as long as the circumstances of false imprisonment exist, the victim does not need to even be aware that they are being falsely imprisoned before a case can be brought. This can be seen in the case of (Murray v Ministry of Defence) _There should be a total loss of freedom_ The key element of false imprisonment is that it must involve a total loss of freedom - it will not arise in situations where the victim is merely prevented from proceeding in a particular direction. This can be seen in the case of (Bird v Jones) - the claimant attempted to cross a bridge which was closed during a sailing regatta. He claimed that this limitation on his freedom of movement constituted false imprisonment. The claim however, failed: whilst he was prevented from moving forwards, he was free to go back the way he had come. Thus, because he was only partially restrained, false imprisonment did not occur. https://whatsapp.com/channel/0029Vb0IeNDDjiOmiFnD5n1P

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