#6553 - False Imprisonment - Intentional Torts

TRESPASS TO THE PERSON: FALSE IMPRISONMENT 28 | INTENTIONAL TORTS FALSE IMPRISONMENT A direct and intentional total confinement of the plaintiff within an area fixed by the defendant without legal justification or statutory authority, with an intention to detain - Myer Stores v Soo * Actionable per se, for loss of dignity, mental suffering, disgrace and humiliation o Proof of actual damage is not required Considerations: 1. Is there a total restraint of the plaintiff's liberty? 2. Is the total restraint directly, intentionally and voluntarily affected by the defendant? The plaintiff has the burden of proving both of these elements on a balance of probabilities INTENTIONAL TORTS | 29 IS THERE A TOTAL RESTRAINT OF THE PLAINTIFF'S LIBERTY? * Restraint must be total o Partial restraint is not sufficient * The plaintiff only has to prove they were imprisoned/totally restrained and does not have to prove that it was unlawful o Myer Stores Ltd v Soo * Partial obstruction of the plaintiff, (where there are reasonable means of escape), is not sufficient to constitute false imprisonment * The mere obstruction of the plaintiff's passage in a particular direction, (however inconvenient), is not sufficient o P is free to go elsewhere SS? Bird v Jones - blocked a doorway. Not total restraint * The emphasis is on whether P submitted to D's power, reasonably thinking there was no way of escape that could be reasonably taken o Symes v Mahon SS? P acquiesced to travelling with D o Burton v Davies SS? Driving a car at high speed to prevent a person from escaping * Means of escape will be considered reasonable if: o The only way of escape is dangerous SS? Burton v Davies o P does not know the way out and the way out is not apparent o P reasonably believes than any attempt to escape would involve a risk of public embarrassment/mental harms or physical force by D SS? Symes v Mahon SS? Myer Stores v Soo * Threat or danger to property, distance and the time it will take to escape, as well as the legality of the escape are all relevant factors in assessing the reasonableness of the escape o McFadzean v Construction Forestry Mining/Energy Union 30 | INTENTIONAL TORTS