Trespass to Person: False Imprisonment

Question 1

Definition?

Answer 1

Direct, voluntary and intentional/careless act which subjects a plaintiff to total deprivation of freedom of movement without lawful justification or excuse. Bird v Jones

Question 2

1. DIRECT INTERFERENCE WITH LIBERTY

Answer 2

Myer Stores v Soo.

Question 3

2. TOTAL RESTRAINT

Answer 3

Restraint must be in all directions, obstruction of one direction not sufficient. Bird v Jones
Must be no reasonable means of escape. Burton v Davies
Restraint need not be physical (P submits to D under belief of lawful authority) or aware Myer Stores v Soo.

Question 4

3. FAULT

Answer 4

Intentional or negligent Sayers v Harlow Urban District Council

Question 5

WITHOUT LAWFUL AUTHORITY (SPECIFIC DEFENCE)

Answer 5

Contractually or otherwise agree to be restrained (in a ride, train) Balmain New Ferry v Robertson