Tresspass and False Imprisonment

Question 1

What is False Imprisonment?

Answer 1

Intentional restrains on freedom of movement, complete restriction of a person’s liberty without lawful justification.

Question 2

Collins v Wilcock (1984)

Answer 2

Police officer touched claimant without exercising powers of arrest. Held was battery.

Question 3

R v Billinghurst (1978)

Answer 3

Consent to harm in sports is implied unless it goes beyond the conventions of the game

Question 4

When is medical treatment tresspass to person?

Answer 4

If direct application of force is intentionally administered without the patient’s consent , or giving treatment different to what consent has been given for.

Question 5

Ashley v Chief Constable of Sussex Police (2008)

Answer 5

Self defence by trespass to person allows pre-emptive action

Question 6

Basley v Clarkson (1682)

Answer 6

Neighbour accidentally mowed neighbour’s land, no intention need for trespass