Principle: False imprisonment requires complete deprivation of a person liberty without lawful justification.
Facts: A security guard blocks the north exit of a store, but the south and east exits remain completely open and unobstructed. Did the guard commit false imprisonment?
Answer and explanation
Correct answer: A. No, because there was a reasonable, known means of escape available to the customer
- Step 1: State the legal test for false imprisonment: The restraint on liberty must be total and complete in all directions (Bird v. Jones).
- Step 2: If a person is prevented from going in one direction while remaining free to leave through other readily accessible exits, there is no false imprisonment.
- Step 3: Since south and east exits were open and safe, there was no total restraint.
Answer
No, because there was a reasonable, known means of escape available to the customer.
Practise more Torts: Vicarious Liability, Nuisance and Defenses.
Free questions with an explanation for every one, and full timed CLAT UG mock tests.
More Torts: Vicarious Liability, Nuisance and Defenses questions
- Principle: An employer is vicariously liable for torts committed by an employee in the course of employment.
Facts: A bank driver, while dri… - Principle: Volenti non fit injuria is a complete defense when the plaintiff freely consents to run the risk with full knowledge of its natur…
- Principle: Strict liability applies when a person brings onto land and keeps there something likely to do mischief if it escapes, unless the…
- Principle: Private nuisance requires substantial and unreasonable interference with the plaintiff use and enjoyment of land.
Facts: A neighb… - Principle: A master is not liable for torts committed by an employee when the employee is on an independent frolic of his own.
Facts: A deli… - Principle: Truth (justification) is an absolute defense to an action for civil defamation in tort.
Facts: A journalist publishes that an acc…