LAW1113 Lecture Notes - Lecture 3: False Imprisonment, Frank Lampard, Coles Group
Document Summary
False imprisonment: a total restraint on the plaintiff(cid:495)s freedom that is directly, and intentionally or negligently, brought about by the positive and voluntary act of the defendant. In order for the torts of false imprisonment to be made out it, is necessary that the plaintiff have been totally restrained rather than merely partially obstructed. To be imprisoned in the relevant sense, a person must be prevented from. A prison, even a notional prison of the sort under consideration when a (coleridge j). An alternate route or means of escape must be a reasonable alternate route or means of escape. One factor the court will take into account in determining whether an alternate route is reasonable is whether resort to the alternate route will be dangerous (see eg burton v davies). Another factor the court will take into account in determining whether an alternate route in reasonable is how apparent or obvious the alternate route is.
