LAW OF TORTS.pptVIP

LAW OF TORTS LECTURE 2 False Imprisonment Trespass to Land Prof Sam Blay THE GENERAL ELEMENTS OF TRESPASS SPECIFIC FORMS OF TRESPASS FALSE IMPRISONMENT The intentional or negligent act of D which directly causes the total restraint of P and thereby confines him/her to a delimited area without lawful justification The essential distinctive element is the total restraint THE ELEMENTS OF THE TORT It requires all the basic elements of trespass: Intentional/negligent act Directness absence of lawful justification/consent , and total restraint RESTRAINT IN FALSE IMPRISONMENT The restraint must be total Bird v Jones (passage over bridge) The Balmain New Ferry Co v Robertson Total restraint implies the absence of a reasonable means of escape Burton v Davies (D refuses to allow P out of car) Restraint may be total where D subjects P to his/her authority with no option to leave Symes v Mahon (police officer arrests P by mistake) Myer Stores v Soo FORMS OF FALSE IMPRISONMENT See the following Cases: Cowell v. Corrective Services Commissioner of NSW (1988) Aust. Torts Reporter ?81-197. Louis v. The Commonwealth of Australia 87 FLR 277. Lippl v. Haines Another (1989) Aust. Torts Reporter ?80-302; (1989) 18 NSWLR 620. VOLUNTARY CASES In general, there is no FI where one voluntarily submits to a form of restraint Herd v Weardale (D refuses to allow P out of mine shaft) Robinson v The Balmain New Ferry Co. (D refuses to allow P to leave unless P pays fare) Lippl v Haines Where there is no volition for restraint, the confinement may be FI (Bahner v Marwest Hotels Co.) WORDS AND FALSE IMPRISONMENT In general, words can constitute FI Balkin Davis (1996 edition) pp 55 – 56: “restraint… even by mere threat of force which intimidates a person into compliance without laying on of hands” Symes v Mahon KNOWLEDGE IN FALSE IMPRISONMENT The knowledge of the P at the moment of restraint is not essential. Meering v Graham White Aviation Murray v Ministry of Defense WH