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False Imprisonment Notes

Law Notes > Intentional Torts Notes

This is an extract of our False Imprisonment document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:














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

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